IF YOU HAVE YOUR OWN HOUSE THIS IS A GOOD IDEA.........
Ian from Worcestershire wants to know where he can get more information on discretionary trusts? With his wife he's already made their home 'tenants-in-common', but wish to do new wills, minimising inheritance tax, covering their home, 50% ownership of another home, and pension schemes etc.
First to explain what this question is about. It's a way to save inheritance tax for married couples or for those in a civil partnership. What the couple would like is that when the first dies, the second should be able to benefit from all of the couple's joint estates and then when the survivor dies, the ultimate beneficiaries, usually their children, inherit.
But if this is done, only the survivor's estate is able to take advantage of the nil rate band (NRB) - the maximum amount that can pass to beneficiaries (other than spouse or charities) without the beneficiaries having to pay inheritance tax. This is currently £275,000, and will rise to £285,000 for the 2006/07 tax year. For the beneficiaries to be able to use both of the couple's NRB, the first to die must also use their NRB - pass it to beneficiaries other than the survivor. But normally if you do that then the survivor can't have use of the funds. However one thing you can do is for the first to go to give their NRB to trustees of a discretionary trust, where the survivor is a beneficiary of that trust, which if run correctly, can mean that the survivor can have use of the funds without those funds being in their estate for inheritance tax purposes.
This means that, in due course, the ultimate beneficiaries can inherit from the survivor and the trust - and two NRB are used.
Getting information about this scheme is difficult. A lot is written about it but it's not always clear. There are some investment houses who run various courses about this, and financial advisers can also mention it - but often they have an ulterior motive for informing you about the scheme - which isn't always in your best interests. You also need to know that this isn't always the answer - there might be reasons why this scheme is not for you and there might be alternatives.
The best thing to do is get independent trained professional advice - go to a solicitor - you can find one by contacting the Probate Section or the Law Society.