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AIBU?

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To think that parents cannot leave money to severely disabled offspring free of IHT

335 replies

Noras · 22/11/2024 04:17

Frankly I have been quite upset about farmers kicking up a fuss about IHT when they can transfer 3 million pounds of wealth IHT free and after that it only costs 20% which can be paid over a decade interest free.

As a parent of a disabled adult child I can only transfer one million pounds like anyone else and any unpaid IHT has to be paid over 10 years with 7% interest due.

We have other kids and can’t exclude them from our wills so that eats into the IHT allowance.

My son will struggle to work in any form of paid job.

I was discussing his placement in supported living with a social worker yesterday as a pretty likely destination

His life will inevitably be one of benefits eg universal credit and PIP

We have left % more to him due to his profound needs.

Our combined estate will face IHT charges especially with the fiscal drag.

So through no fault of my son he will live in relative poverty except for what is left after IHT into a vulnerable persons trust.

My son is used to nicer things eg holidays/ clothes etc and has some awareness of his current nicer life style even if he is not that driven by material things.

We would have to deprive ourselves of a decent retirement to ensure he is decently provided for,

I am heart broken to have given birth to someone who will live in relative poverty assuming he has a long life and the monies inherited have to cover say 45/50 years.

I am not the only parent waking up at 3am in fear of their kid’s future it’s a well known thing about parents of kids with disability.

AIBU to think that the Government should allow an IHT allowance for dependants who are classed as high needs eg PIP high or mid levels eg not really able to live independently etc? I can’t believe that they make no allowance in IHT terms for the disabled. As it is his care and needs have been an additional expense to us throughout his life eg 1:1 swimming lessons ,Ed Psych reports, SALT, private OT , personal trainers etc. This always exceeds disability benefits.

OP posts:
WingSluts · 22/11/2024 08:05

This seems the exact scenario that would be helped by a trust and a lifetime interest in a property.

Tax planning is key. And this is exactly what I say about the farmers/IHT issue. They have generations to work out the tax planning just as other family businesses have to. They just don’t want to do it.

AgnesX · 22/11/2024 08:00

Memyselfmilly · 22/11/2024 05:48

There have been many many threads…. The 3 million is only a specific use case. Farms are asset rich, cash poor. The need to asset to live. I feel for anyone with a disabled child but this doesn’t compare. Go talk to you mp about YOUR situation instead of adding more farmer hate in a topic you don’t fully understand.

I don't think it's farmer hate as much as wanting what the farmers are getting to be extended to specific vulnerable groups.

Very few people will fall into her particular situation so on the face of it would it be such a hardship. However there'll be people, as we speak, who will be looking for loopholes.

November2024 · 22/11/2024 07:59

You can pay into a pension for a child without it effecting their benefits (I think). Check with HMRC. If you had started when DC was born and continued I read you could have amassed a big pot by the time they are 50.

Womblewife · 22/11/2024 07:58

Sorry but I think everyone should pay the same. Imagine the nightmare if there all sorts of different schemes for different personal circumstances. The only fair way is everyone paying the same, and with 1 million you are not hard up and he won’t be either.

user1467300911 · 22/11/2024 07:56

What a difficult situation, I sumpathise. Rather than focusing on IHT changes, I would want to see disabled people like your aon better provided for by the benefits system.

outside of the UK, benefits are seen as more of a social insurance that anyone can use in time of need, without stigma. I think that’s a healthier way for society as well as affected families, but with the right wing media we have in the UK, it’s hard to even have that conversation.

bumblingbovine49 · 22/11/2024 07:55

Op. I haven't read every answer as they are mostly depressing but we are in a similar situation. My husband is a lawyer so we have a proper will setting up a trust for our 19 year old son. However we are having similar worries. We have the added problem that we had DS late and he is an only child. We have no one to be a trustee or even a will executor who is younger than ds and lives in this country. The one younger relative in her 20s who is close to ds and lives in the UK has a gambling problem and not suitable as someone to manage finances. I really worry what will happen to ds when we both die. He is likely to be in his 40s or 50s ( we are both 60s)

Getting independent advice ( which we have tried several times) feels like a waste of time with lots of "well you can do this but .....( Inset other tax you are liable for) "

As you say, only the mega rich can take advantage of most tax breaks in a way that doesn't leave them unable to afford to live now

I wish you luck and a gentle reminder that this place is probably not the place to vent about financial worries. I've been on here for 20 years and it can be a supportive place sometimes as long as money and politics are not discussed.

olympicsrock · 22/11/2024 07:53

You are being totally unreasonable to link your situation to this tax position with farmers.
Both are important . It‘s not a race to the bottom .

Diomi · 22/11/2024 07:49

I really sympathise with your situation and the farmers’ situation. Governments often seem to be better at making people’s lives worse rather than improving them.

JustMyView13 · 22/11/2024 07:47

Guest100 · 22/11/2024 04:20

I would talk to a financial advisor. They might have a way around this by putting money in a trust.

This.
It’s what all the wealthy folk do, and it’s one of the things the farmers could do to remediate their current predicament.

MammaFifi · 22/11/2024 07:46

Wow I'm not sure why you think slamming farmers is helping your cause. You clearly know nothing about farmers. They are the ones feeding your family. Their assets which means land, machinery etc is worth millions, they don't actually have that in the bank. Unlike you.
You need to make arrangements for your son.
You've lost any sympathy by your hatred for that which you cannot understand. Go educate yourself.

berksandbeyond · 22/11/2024 07:46

Well yeah, we'd all like our children to have the 'finer things' in life but he doesn't have any more entitlement to that than anyone else does just because he's disabled. Quit whining and see an actual financial advisor. The fact you've mentioned the inland revenue suggests you're stuck in the past in more ways than one...

Boohoo76 · 22/11/2024 07:45

Noras · 22/11/2024 07:26

Lot of people work their arses off as you put it but can’t pass 3 million pounds of assets to their kids with then only a rate of 20% interest free.

Also do you have any idea how many parents of disabled kids have comtemplated suicide because they can’t bear thinking about their kid’s future.

The harsh reality is that the required tax tax is x - that is formed by taking tax of ABCDEGHIJ etc

So for every allowance given to farmers there might well be a cut in social care or more tax on parents of disabled kids. An allowance has to be paid for by somewhere.

In a fair world there would be zero lifetime gifts and all people would pay an IHT rate of 20% across the board with no exception for family trusts etc In an ideal World the gentry would also pay the tax.

Farming impacts everyone because we need to produce as much of our own food as possible for food security reasons. Most family farms don’t have the cash sitting there to pay the IHT and most of them don’t generate enough income to pay it over 10 years either.

The more and more you post, the less sympathy I have for you.

Jaboodyv2 · 22/11/2024 07:44

This reply has been deleted

This has been deleted by MNHQ for breaking our Talk Guidelines.

CatalinaLoo · 22/11/2024 07:43

This is easily avoided if you set up a trust with your disabled son as beneficiary and your other children (and yourself until you die) as trustees. You then move all your assets into the trust with the trust deed specifically saying what those assets can be used for (ie the care of your son).

Speak to a lawyer. Easily done. No need to fret.

Phonicshaskilledmeoff · 22/11/2024 07:38

Noras · 22/11/2024 07:29

A vulerable persons trust is exempt from a benefit claw back and social care costs.

Exactly - that’s literally what I’m saying. It needs to be in trust. Is it already set up and is your will specific about it going in there?

Bluefields96 · 22/11/2024 07:36

Apologies for that link. Just google disabled adult trust england and you will find a number of examples.

Memyselfmilly · 22/11/2024 07:31

Noras · 22/11/2024 07:26

Lot of people work their arses off as you put it but can’t pass 3 million pounds of assets to their kids with then only a rate of 20% interest free.

Also do you have any idea how many parents of disabled kids have comtemplated suicide because they can’t bear thinking about their kid’s future.

The harsh reality is that the required tax tax is x - that is formed by taking tax of ABCDEGHIJ etc

So for every allowance given to farmers there might well be a cut in social care or more tax on parents of disabled kids. An allowance has to be paid for by somewhere.

In a fair world there would be zero lifetime gifts and all people would pay an IHT rate of 20% across the board with no exception for family trusts etc In an ideal World the gentry would also pay the tax.

I’m not the one who started with the comparisons you were. I would never just start making any comparisons for parents with disabled children. So if you want to make compassions - you need to listen to the comparisons.

so - they are going to tax the farmers. Do you think this will have any impact on your situation? If they sold all the farms in the country, do you think the govt would give you more? Is that what you want?

TigerRag · 22/11/2024 07:30

Lemonadeand · 22/11/2024 06:22

Friends with a severely disabled children are doing the opposite of what you are doing: cutting severely disabled child out of their will completely because they know the state will fund his care. Leaving everything to their other children.

My parents are doing this. (I said to do it) Their house will be left to my sister and disabled brother. My brother lives in their house which is inaccessible for me

Noras · 22/11/2024 07:29

Phonicshaskilledmeoff · 22/11/2024 07:26

It wouldn’t be added to benefits. He would get none as he has more than 16k in savings. You need to speak to a financial advisor about putting it into a trust. If you are able to, it would be worthwhile putting some in now so that it won’t be subject to IHT (more than 7 years before you pass)

A vulerable persons trust is exempt from a benefit claw back and social care costs.

OP posts:
Noras · 22/11/2024 07:26

Memyselfmilly · 22/11/2024 07:18

Ultimately, this has nothing to do with farmers though.

this is clearly a complex issue so maybe a new thread to seek as much advice as possible. But as you say you have taken that advice so this is clearly just to bash farmers. What is your goal with this post?

Have you looked into how complex their estate market planning will have to be? So complex some are just considering suicide before April. FFS I can’t believe I live in a country where farmers who work their arses off are being blamed for disabled people not having enough money.

Lot of people work their arses off as you put it but can’t pass 3 million pounds of assets to their kids with then only a rate of 20% interest free.

Also do you have any idea how many parents of disabled kids have comtemplated suicide because they can’t bear thinking about their kid’s future.

The harsh reality is that the required tax tax is x - that is formed by taking tax of ABCDEGHIJ etc

So for every allowance given to farmers there might well be a cut in social care or more tax on parents of disabled kids. An allowance has to be paid for by somewhere.

In a fair world there would be zero lifetime gifts and all people would pay an IHT rate of 20% across the board with no exception for family trusts etc In an ideal World the gentry would also pay the tax.

OP posts:
Phonicshaskilledmeoff · 22/11/2024 07:26

Noras · 22/11/2024 05:05

You have a combined one million allowance re the main house.

However clearly my son won’t inherit one million as he is not an only child and I’m not going to cut out of the will the other kids.

£300,000 over 50 years of life even if added to benefits is not a great life. A lot of the benefits would have to fund actual costs of disability eg PA expenses, taxis, additional laundry, additional breakages etc.

It wouldn’t be added to benefits. He would get none as he has more than 16k in savings. You need to speak to a financial advisor about putting it into a trust. If you are able to, it would be worthwhile putting some in now so that it won’t be subject to IHT (more than 7 years before you pass)

hamsandyams · 22/11/2024 07:22

Noras · 22/11/2024 07:16

I would like info on this as there is no specific IHT preferential schemes that I’m aware of. Also assets going into any trust occur usual CGT charges as the rules were changed a few years ago.

https://www.gov.uk/trusts-taxes/trusts-for-vulnerable-people

but this might be hard to understand without a working knowledge of trust taxation. If you google IHT disabled persons trust the AI summary it returns is pretty accurate.

But basically creating a disabled persons trust doesn’t create an IHT charge like a normal trust would.

There is no CGT if you put cash into any trust, and ironically there is no CGT if you put any asset into a normal trust - but there is CGT if you put an asset stood at a gain into a disabled persons trusts, so generally better to put cash in and buy assets in the trust if need be.

Trusts and taxes

A trust is a way of managing assets (money, investments, land or buildings) for people - types of trust, how they are taxed, where to get help.

https://www.gov.uk/trusts-taxes/trusts-for-vulnerable-people

DinosaurMunch · 22/11/2024 07:20

Noras · 22/11/2024 05:13

Farming might be vital but according to the NFU itself most farms are worth below 3 million so those farmers will not be affected.

As a caring society do we think it right that if you have the misfortune to be born disabled there is little state help to assist parents to provide for their offspring via tax allowances thus the likelihood is that their kid will have a life of relative poverty.

We do accept that the disabled person is blameless and did not cause their poverty?

Most disabled people don't have rich parents so the state should be providing an acceptable level of care to all (but obviously it won't be luxurious)

Can your child's siblings help care for your him after you've gone in terms of keep an eye on him , buy him nicer clothes for birthday, Christmas, maybe pay for a holiday for him occasionally?

Pass the money 7 years before you die and no IHT

It's your choice and privilege to be able to leave money to his siblings too, I don't see why you expect to be iht exempt on order to leave your able bodied children loads of money, when the majority are not getting anything like this advantage

To be honest most poor people did not cause their poverty - clearly you think they do and that's affecting your stance on this. The rich (of which you are one) must contribute more to improve care for all disabled people.

Noras · 22/11/2024 07:19

Soontobe60 · 22/11/2024 07:12

Do you honestly think your children will live for 50 years after you die? The average life span is around 84. The average age for having a child is around 28. So if you live an average life, your DS would be 56 when you die. I really doubt he’d be 106 by the time he dies!
Whilst I can see that having a severely disabled child would cause a parent to be worried about what happens to the child when the parents die, in your case, your child has siblings who would hopefully help to support him once you’ve died. The comment about treating your DC equally is concerning - your DC are NOT equal if only 1 is disabled. You should be treating your DC equitably, which might mean leaving a greater share of your estate to one over the others.
Ultimately, this has nothing to do with farmers though.

Thanks that’s a lot of assumptions based on averages.

Yes I think it entirely feasible that my DS will be on this earth 50 years without me.

If you read the thread I will leave more to disabled DS and other DC have applauded that. However I want to leave them something and also the fact is that life is tough for young people with house prices etc.

OP posts: