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Inheritance Tax Allowances: The benefits of claiming allowances on first death
It has long been considered best practice in standard Inheritance Tax (IHT) planning for a married or civil partnership couple to leave a legacy up to the maximum Nil Rate Band (NRB) to a discretionary trust. The residue is then left to the survivor – either absolutely, or upon an immediate post-death interest trust. This way, no IHT is payable following first death.
Some practitioners argue that since the introduction of the Transferrable Nil Rate Band (TNRB) in 2007, there is no longer a need for married or civil partnership couples to include a NRB discretionary trust in their wills; this can often prove short-sighted and the wrong decision for clients and their beneficiaries.
The benefits of NRB discretionary trusts today
There are many benefits of including an NRB discretionary trust in wills. At CTT Group, we champion the use of the NRB discretionary trusts and encourage our network of advisors to recommend them to their clients. Benefits of using NRB discretionary trusts in wills include:
- The assets entering the NRB discretionary trust will not form part of any intended beneficiaries’ estates and therefore will not be subject to their IHT, divorce, creditor claims, or care home fees. This is particularly important given that the Residential Nil Rate Band (RNRB) tapers if the estate value exceeds £2m
- The rate of growth in the value of the trust property is likely to go beyond that of the NRB, given that it is frozen at £325,000 until the 2028/29 fiscal year
- The TNRB didn’t exist prior to 2007, therefore it’s not illogical to expect that this could be changed or removed entirely. An NRB discretionary trust will give the estate the ability to claim the NRB (or not) while it is still available
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