WILLS AND TRUSTS
Providing for the future with trusts
In our experience many
individuals do not consider
establishing a trust as part of
their tax planning even
though it can be an extremely
effective tool. This tends to be
for one of two reasons: some
individuals feel that settling a
trust will be too complex
when in reality it can be a
relatively straightforward
process. Alternatively, many
have heard that trusts are
only appropriate for passing
on extreme asset but in fact
many individuals establish
trusts at sums at or below the Inheritance Tax (IHT) threshold
(currently £325,000).
There are many reasons why a trust may be suitable including, for
tax-planning purposes, to protect assets, to provide privacy or to
ensure the smooth transition of assets to beneficiaries on death and
avoid lengthy probate proceedings. Whatever the reason, our trust
experts can advise whether a trust is appropriate to meet these
objectives and then work closely with your relationship manager to
ensure that you achieve your aims.
Some typical situations where a trust may be appropriate include:
Helping the next generation
Trusts are a useful tool in passing asset on to the next generation.
Parents could set aside sums up to their combined nil rate bands to
provide a nest egg for their children which could be used, for
example, to assist in the purchase of their first property. By
transferring this sum into a trust, the parents will start the ‘seven
year clock’ for IHT purposes.
Likewise, grandparents may want to provide for their
grandchildren’s education by establishing a trust which could
release funds to meet these future costs. Such trusts can provide
directly for grandchildren whilst starting the ‘seven year clock’.
They also ensure that assets are passed to grandchildren without
becoming chargeable to IHT in their children’s estate first.
Charitable Intentions
Charities are a part of every society. The word “charity” is derived
from a Latin word “caritas,” meaning care. In ordinary term it
means no more than generosity to the poor and needy. The legal
meaning of word is much wider. It incorporates other purposes for
the benefit of the community as a whole.
Charitable Trust is a significant area of law in the United Kingdom,
as charitable trusts enjoy some advantages over other trusts. Above
all, UK charities do not pay income tax on their investment income
devoted solely to charitable purposes under s505 of the Taxes Act
1988. Charitable trusts do not pay capital gains tax on the disposal of
assets provided they are devoted to charitable purposes only, under
s256 of the Taxation of Chargeable Gains Act 1992. However,
charities are required to pay Value Added Tax on goods and services
purchased.
The problem with the law on charities is that it does not define
“charitable purposes.” If you would like to leave some of your asset
to a good cause, St Josephs are happy to help and advise you on the
matter.
Protecting young and vulnerable beneficiaries
A trust can be used to ring-fence sums for individuals who may not
be in a position to receive the assets outright perhaps because of
their age or personal situation.
Flexibility
Trusts can also be used in some insurance based arrangements to
provide IHT benefits and flexibility for individuals who wish to
settle money on trust but retain some access to part of the funds.
Services we provide:
•
Establishing the trust including preparing the deed
•
Regular meetings with co-trustees to deal with
administrative matters and advising on management and
investment of the underlying assets
•
Making distributions to beneficiaries
•
Monitoring investment reports
•
Dealing with all administration, accounting and tax reporting
Advantage of using St Joseph’s
St Joseph’s has over 20 years’ experience of establishing and
managing trusts that meet the needs of healthy asset individuals
and families. Continuity in a trust’s management is important and so
St Joseph’s is often appointed as Trustee because of its longevity
and experience. In addition, surrounded by a wealth of knowledge
within the organisation, you can rely on our experts to provide an
extensively researched investment management service that follows
a very clear purpose.
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