Murray Beith Murray LLP is a leading Scottish private client law firm.
For 175 years we have specialised in meeting the legal, financial and administrative needs of individuals and families, family trusts, charities and private companies.
In part one of this blog, we looked at establishing whether there is a Will, who the executor and beneficiaries are and the extent and value of the estate. In the second part of this blog we will look at the steps which must be taken to report the estate to HMRC for Inheritance Tax (IHT) purposes (if required) and make the application for the Grant of Confirmation, as well as ingathering and distributing the estate.
Whilst it might seem straightforward at the outset, winding up an estate in Scotland can be difficult, complex and time-consuming. In the first of a two-part blog, we will look at the initial steps which must be taken.
When you carry out succession planning, one of the key elements is to consider whether to gift part of your wealth now or wait until your death. If you decide to gift assets whilst you are alive, certain rules apply for Inheritance Tax (IHT) purposes. Key to understanding whether the gift you make will be exempt from IHT is to understand the rules surrounding “potentially exempt transfers” and “gifts with reservation”.
Inheritance Tax (IHT) planning is key to ensuring your loved ones keep as much of your estate as possible after you die. There are a variety of ways to mitigate against the effects of IHT and using a Will is just one of them. The simple answer is yes, you can avoid Inheritance Tax with a Will. Below we will look at some of the options available to you. Of course, IHT is only a problem if your estate exceeds £325,000.
There is a complex maze of rules surrounding Inheritance Tax (IHT) which means every estate must be reviewed in detail to determine how much, if any, IHT is payable. You must carry out sufficient investigation into the extent of the estate to establish its value. This must include enquiry about the extent of any relevant gifts made by the deceased during their lifetime.
Once the extent of the estate is known, unless the estate is an “excepted estate”, full details must be provided to HMRC, even if no IHT is due. When you have carried out the necessary IHT calculations, the next step is to pay the tax. It is important to note that Confirmation to the estate (the Scottish equivalent of Probate) cannot be granted until after at least some of the IHT has been settled with HMRC.
