Protecting the Estates of High Net-Worth Families

Generally, relatively few high net-worth clients receive adequate advice on the protection and inter-generational tax planning of their estates, be it pensions, Death in Service (DIS) benefits, life cover, property assets, savings and investments or lifetime inter-generational transfers.

Integrated financial planning and effective legal planning are essential in delivering guaranteed outcomes for the distribution and protection of your estates. If you do not have Wills, you may be unaware of the complexities and misdirection of wealth that can occur under intestacy rules. If you, like so many couples have simple Wills directing your estate to each other and then to your chosen Beneficiaries in equal shares you should achieve your desired distribution, but you may be missing an opportunity to protect the surviving spouse’s interests. Importantly, you may also be missing key tax planning opportunities which are overlooked in most higher value estates, and you will not provide inter-generational benefits to your chosen Beneficiaries.

The unpredictability of life requires us to be prepared but you ought to act now to address the shortfalls of the most common estate planning arrangements, particularly the taxation considerations which require bespoke planning. On the death of the first of you, protective and tax efficient planning can be put in place and similarly protection, flexibility and inter-generational tax planning can be delivered to the ultimate Beneficiaries of your estate when both of you have deceased.

A customised plan for your family may address any number of concerns such as;

  • Risk to your wealth following the death of the first spouse e.g. remarriage.
  • Loss of tax allowances because your Wills may not maximise available tax allowances.
  • Redirection of the first to die’s estate if the surviving spouse changes their Will.
  • Potential loss of the inheritance left to your chosen Beneficiaries if they were to divorce.
  • There may not be IHT payable when you die but it means your spouse’s estate is highly likely to pay IHT because of your combined wealth.
  • Erosion of wealth when the inheritance left to your Beneficiaries is left to future generations e.g. your grandchildren.

If you look beyond the direction of your estate to your nominated Beneficiaries, you will appreciate the many potential issues that exist and some of them are unique to high net-worth clients.

Questions and Answers

Are Beneficiary Protection Plan frameworks expensive to set up?

No, as a proportion of the value you protect it is typically much less than one percent of the estate value.

Are BPTs expensive to run?

No, apart from £10 nothing goes into them until you die so until then there may only be an occasional cost e.g., changing a Trustee. There will be some initial advice costs when you die.

Who should my Trustees be?

We encourage you to consider adult family members, or trusted friends, speak to your planner for guidance.

What happens if I want to change the distribution of my estate?

No problem, you don’t even have to change your Will. It is usually possible to make most changes by means of a new instruction to your Trustees (Letter of Wishes).

How long does my BPT last for?

125 years in England and Wales and 80 years in Northern Ireland. Most families use them for at least one further generation.

Will my BPT be taxed?

Under current rules there is no tax going into the Trust after any IHT has been paid. A Trust is like a person and has its own tax allowances for Income Tax, Capital Gains Tax and Inheritance Tax. Your Trustees can take advice in the future.

Can my executors claim the RNRB if my residual estate passes into a BPT?

Yes, at probate your Trustees can elect to appoint out any required value within two years of your death. Unlike simple |Wills which may impact RNRB allowances the BPP planning should maximise available allowances

Protecting the DIS Benefits of High Net-Worth Families

Generally, few high-net-worth clients receive adequate advice on the protection and inter-generational tax planning of their estate, be it pensions, Death in Service (DIS) benefits, life cover, property assets, savings and investments or lifetime inter-generational transfers.

Integrated financial planning and effective legal planning are essential in delivering guaranteed outcomes, and DIS benefits are one of the most significant considerations often neglected by legal services providers. This is largely because married clients are unaware of the risks to their DIS benefits and do not understand what simple steps can be taken to address them. For high-net-worth clients the risks are even greater and a negative outcome is more certain if no action is taken.

The unpredictability of life requires us to be prepared. DIS is an excellent employer benefit which will pay out tax free (in many cases at the discretion of your employer) to your chosen Beneficiaries if you are employed by them when you die. It is good practice to check the exact details of your employer’s scheme and its benefits and establish the value of any likely payment.

Your DIS benefits will be paid to the approved nominated Beneficiary (usually your spouse) and it will be their choice how to use the funds. For example, to pay off a mortgage if required or to be invested by your financial adviser to provide a long-term income source.

You should consider any possible future outcomes once your spouse receives the DIS payment (tax free)

  • Without DIS planning larger estates are more likely to increase their risk of Inheritance Tax (IHT). This will result in Beneficiaries inheriting less.
  • If your spouse enters into a new relationship could there be a potential risk to the funds intended for your family (especially if your spouse is younger)?
  • If, historically, your spouse is not good with money will the DIS benefits be used wisely?
  • Would the DIS benefits be exhausted if they were required to pay for care for your spouse, with the result that your children (Beneficiaries) may inherit less?
  • When the DIS benefits pass to your children as part of your residual estate, would you like them to do so in a protected and tax-efficient manner?

Questions and Answers

Can my DIS benefits go into an APT?

We encourage you to check with your employer before establishing your APT. Most schemes are run by Trustees, and they have the discretion to pay to a protective family Trust.

Is an APT expensive to set up?

No, as a proportion of the value you protect it is typically much less than one percent of the DIS benefit.

Is an APT expensive to run?

No, nothing goes into your APT until you die, so until then there may only be an occasional cost, e.g., for changing a Trustee. There will be some advice costs when you die.

Who should my Trustees be?

We encourage you to consider reliable adult family members, or a trusted friend. Speak to your adviser for guidance.

What happens if I change employer?

No problem, just fill out a new nomination form from your new employer to direct benefits to your family APT.

How long does my APT last for?

125 years in England and Wales and 80 years in Northern Ireland. Most families use them for at least one further generation.

Are Trusts taxed?

There is no tax on funds going into the Trust. A Trust is like a person and has its own tax allowances for Income Tax, Capital Gains Tax and Inheritance Tax. Your Trustees can take advice in the future once funds are received on your death.

My spouse also has DIS benefits. Should we both get an APT?

To be tax-efficient, each of you must have your own family-controlled APT.

Can an APT contested?

Trusts can face claims from third parties, but without an APT there is no protection.

Find a financial planner

You spend your lifetime building up your wealth; take professional advice to ensure it is protected.

Let us introduce you to one of our members.

Find a planner