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Fiscally foxed

09 October 2012
Issue: 4374 / Categories: Forum & Feedback , Inheritance Tax
A married couple with 'mirror wills' are facing an inheritance tax liability on £250,000 of their estate on the final death. Would there be an advantage in giving away half of their main residence on the first death?

Our client has asked us for inheritance tax advice. His and his wife’s estates consist of the house worth £800 000 and cash reserves of about £100 000.

They have wills leaving everything to each other. They have good pension income so there are no problems in that direction.

I have explained that on the face of it tax will be charged on the death of the survivor on £250 000 which is the difference between two nil-rate bands and the total estate of £900 000; not a very high percentage rate of tax on the estate total but nevertheless the client would like to try to avoid it.

I have explained that giving away the house as a potentially exempt transfer would need a seven-year period and would also need a market rent to be paid for continuing occupation with all the problems that that...

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