Inheritance Tax Lawyers

Inheritance Tax Lawyers

For peace of mind

Sorting out Inheritance Tax (IHT) can feel like a big, confusing task. But don't worry, our legal team is here to make it easy for you. We guide you through each part of the process so you can focus on what matters most.

At Switalskis, we help take the mystery out of Inheritance Tax. Our team knows the law back to front, and we're here to help you at every turn.

We understand that sorting out taxes on your estate is a big deal. That's why we cut through the legal talk, keep you up to speed, and make sure things go smoothly.

Get in touch with us to get started or learn more at 0808 239 5763 or using the form below.

To get started, give us a call us on 0800 138 0458 or get in touch via our website.

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How Switalskis can help you

When you get in touch with us, the first thing we do is figure out what you want to achieve with your estate in terms of Inheritance Tax. Do you want to reduce it, spread it out or perhaps donate to charity? We'll walk you through the steps you need to take so you'll always know what you should be doing.

We're with you every step of the way, demystifying the tax laws and handling all the paperwork. We take care of the tricky legal bits, allowing you to focus on your bigger picture - your future and your family's wellbeing. We understand that every estate is different, so our advice is specially tailored to suit your unique situation.

With Switalskis, you're not just getting legal advice; you're teaming up with people who genuinely want the best for you. We'll keep you in the loop, so you're never left guessing and can make well-informed decisions.

What is Inheritance Tax?

Inheritance Tax is a form of tax which may be paid on an estate - the money, property and possessions - that a person leaves when they die. If the total value of the estate crosses a certain threshold, Inheritance Tax will likely apply. This reduces how much value will ultimately pass to your beneficiaries.

Inheritance Tax may also be payable on certain gifts you make when you are still alive. Although giving money or assets to your beneficiaries while you are still alive is a common strategy to reduce Inheritance Tax, there are rules around what you can give and when.

Can I minimise Inheritance Tax on my estate?

There are various ways to minimise the Inheritance Tax due on an estate. This could involve giving gifts to loved ones while you're still alive, putting assets into a trust, or even donating to charity. Each of these moves can help reduce the overall value of the estate that will be subject to Inheritance Tax.

At Switalskis, we're experts at simplifying complicated processes. Our team is on hand to guide you through the maze of Inheritance Tax planning. We'll help you understand your options and make smart choices, so more of your estate ends up where you want it to - whether that's with family, friends or good causes.

What is the Inheritance Tax threshold?

In the UK, the threshold is currently estates worth more than £325,000 (this threshold is currently frozen until 2031). When an estate exceeds this limit, it is known as the 'nil-rate band' and is usually taxed at 40%.

If your estate is worth less than this, you probably won't need to pay any Inheritance Tax. However, the rules can get more complicated if you're passing on a family home, gifting money while you're still alive, or have other specific circumstances.

IHT is levied on the worldwide assets of UK residents, and also applies to UK assets of those who live abroad. Tax treatment depends on your individual circumstances and may be subject to future change.

How to value an estate for Inheritance Tax

To understand if your estate is liable for IHT, you'll need to make an estimate in its total value. If the estimate exceeds the £325,000 threshold, then a more accurate valuation will be needed.

A valuation should include:

  • All your assets - this may include property, land, savings, investments, money etc.
  • Assets held in trust for which you are the beneficiary.
  • Any gifts you have made in the past seven years - this may include cash, valuables or contributions to an ISA.
  • Any assets you hold abroad.

From this total, you can deduct debts such as outstanding mortgages and loans to give you the value of your estate to indicate the amount of IHT that may be owed after death.

How can Switalskis help me with Inheritance Tax planning?

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Crafting a tax-smart will

First, there's the option of writing a will that's tax efficient. When you leave money and possessions to your spouse, that's tax-free. But if you don't plan properly, your children could lose out when the second spouse passes away.

You may wish to include something called a discretionary trust in your will. This is especially useful for assets like property, which might rise in value quicker than the tax-free limit. Our specialists in wills are here to help you create a tax-efficient plan that could save your family valuable assets.

a house and money moving

Setting up a trust during your lifetime

Another method is to create a trust while you're still capable of doing so. By putting assets into a trust, you could ring-fence them from Inheritance Tax.

However, you'll need to outlive the transfer by seven years and not retain any benefit whatsoever in the case or asset transferred for the full tax benefits. But the upside could be substantial savings that stay in the family rather than going to the taxman.

A house being split between three people

Giving a gift

You can give assets or money as gifts and potentially avoid Inheritance Tax. However, there are some rules you have to follow. Our team can walk you through the details. Just like with trusts, you'll need to be around for seven years after you make the gift for it to be tax-free.

Frequently Asked Questions

Who pays Inheritance Tax?

In the UK, everyone whose estate exceeds the £325,000 threshold is potentially liable for Inheritance Tax (IHT) when they die. If there is a will in place, arranging payment is part of the duty of the executor. If there is no will, the administrator of the estate will arrange payment.

It's often misunderstood that the beneficiaries pay IHT, whereas it is paid before the beneficiaries receive anything. However, if lifetime gifts are made, it would be the beneficiary of the gift who makes payment.

When do you pay Inheritance Tax?

When Inheritance Tax comes into play, it must be paid within six months of death, with interest charged on late payments.

In some circumstances, payment may be able to be paid through instalments on certain assets such as property which may need to be sold to cover the amount due. It must be paid before beneficiaries can receive the assets left to them.

Does marriage benefit Inheritance Tax?

When it comes to Inheritance Tax, being married or in a civil partnership can offer some large benefits. If your will passes to your wife, husband or civil partner, this usually means there wont be any IHT to pay. Your nil-rate band won't be used at all, and it's up to legal representatives to claim the transfer of the unused nil-rate band when the second partner dies.

This brings further benefits of reduced IHT that's due on assets as they pass down to children or other family and friends.

How does owning a property abroad affect my UK Inheritance Tax liability?

If you're a UK resident, all your worldwide assets are subject to UK Inheritance Tax. So, if you own property abroad, this property will be counted when figuring out how much Inheritance Tax you might owe in the UK.

However, tax rules can differ from country to country. So you might also have to pay some form of estate or Inheritance Tax in the country where the property is located. This could be complicated, especially if the two countries' tax systems don't play well together. There are some agreements between countries to prevent double taxation, meaning you won't be taxed twice on the same property, but it's not always straightforward.

Also, who you leave the property to can make a difference. Certain countries have specific rules about who you can leave property to, which might affect how much tax is due.

It's really important to get professional advice to navigate these tricky waters. Both UK law and the law in the foreign country will need to be considered to work out the best way to handle the property in your estate.

Is there Inheritance Tax on gifts?

Generally, a common way for people to reduce Inheritance Tax is by giving money or assets to beneficiaries while they are still alive. However, there are certain rules that should be considered first.

When an estate is valued, it will include the total value of certain gifts made in the last seven years before death, or at any time if there was continued benefit from the gifted property.

There are some categories of gifts that can be made at any time, without incurring IHT, known as exempt transfers. These include:

  • Gifts between spouses or registered civil partners
  • Annual gifts up to £3,000 (in each tax year)
  • Regular payments paid directly out of your income
  • Wedding gifts or civil partnership ceremony gifts (up to £5,000 to your children, £2,500 to grandchildren, or £1,000 to others)
  • Small gifts up to £250 per person, per year
  • Gifs or donations made to charities, political parties or national organisations

There are also gifts known as potentially exempt transfers (PET), which are gifts to individuals which exceed the exemptions above. These gifts mean there is no IHT to pay straight away, but will be due if you die within seven years of making the payment and the value places your estate over the nil-rate band.

There is also no IHT to pay when making a chargeable lifetime transfer (CLT). This is when an individual makes a gift that is not outright - for example into a flexible or discretionary trust. Similarly to a PET, IHT will not apply if you survive for at least seven years after the CLT was made.

What to consider before making lifetime gifts

Lifetime gifts are commonly thought of as a way to reduce Inheritance Tax, but there are complicated rules involved. As well as abiding by the rules, you'll also need to consider the affordability of these gifts, leaving yourself with appropriate funds for your later years.

You may also wish to regain control of the gifts and when the beneficiaries can access them. Placing the money into a trust can allow for this. If your're looking at ways to manage your estate value, it's important to speak to a professional, like a specialist solicitor, to ensure you make appropriate and informed decisions.

What happens if I'm not a British citizen?

Believing you're exempt from UK Inheritance Tax due to non-British citizenship could be misguided. In the context of this tax, your liability is determined by your residence, not your nationality.

So, what does that mean? If you own property in the UK that you call your permanent home, you could end up owing Inheritance Tax.

Now, the rules around this can be a bit of a maze. People often get tripped up, thinking they're in the clear, only to find out they owe tax. It's a tricky area, so you don't want to go it alone and hope for the best.

Do trusts reduce inheritance tax?

Trusts are legal arrangements, where your asset (or gifts) is held by a trustee or group of trustees, for the benefit of your beneficiary. When the investment is transferred to the trustees, it technically is no longer yours, meaning it will not count as part of your estate when you die, therefore significantly reducing Inheritance Tax liability for those you are passing the assets to.

Our Inheritance Tax Lawyers

Photo of Catrin Lloyd
Catrin LloydDirector and Solicitor
Sharon WoodwardSenior Associate Solicitor
photo of Linda Firth
Linda FirthSpecialist Wills Clerk
photo of Louise Davis
Louise DavisSpecialist Legal Clerk
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Why Switalskis?

If you're thinking of sorting out Inheritance Tax and need straightforward, expert guidance, look no further than Switalskis.

Clarity in complexity

Inheritance Tax can be a maze. But don't fret, we're here to simplify it for you. We'll answer all your questions, put the legal jargon into plain English, and keep you updated. This way, you're always in the know and can make decisions confidently.

Empathy at every step

Sorting out Inheritance Tax is a big deal, especially when you're thinking about your family's future. We listen, understand your specific needs and give tailored advice. You're not just another case to us; you're someone planning for a significant life event, and we want to make it as hassle-free as possible.

Expertise you can trust

When it comes to the legal aspects of Inheritance Tax, you want a team that knows its stuff. That's us. With plenty of experience and a strong track record, we're here to guide you through the process smoothly.

Championing your rights

We're fully committed to getting you the best outcome while making sure your rights are well protected. From our initial conversation to finalising your tax planning, we'll keep you informed so you always know what's happening.

Find out how Switalskis can help you

Curious to know more about managing inheritance tax? Give us a call on 0800 1380 458 or get in touch through our website.

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