How am I going to afford long-term care?

Finawis Advisors can help you plan your long-term care and funding you may need to support your later years.

Are trusts tax efficient?

A trust can be a great way to cut down your IHT bill. Our expert advisors can guide you through the process.

Are my heirs subject to any other taxes?

Your heirs may be subjected to Income Tax, Capital Gains Tax and may also get their benefits affected if they have more than £6000 after inheritance.

Is Estate Planning same as Will Planning?

Will Planning is a simple process of documenting your wishes and what happens to your assets in the event of your death. Estate Planning is a more comprehensive process incorporating various documents pertaining to securing and passing of your assets in the most tax efficient way.

How much can I give as gifts each year?

Annual exemption: You can give away a total of £3,000 worth of gifts each tax year without them being added to the value of your estate. This is known as your ‘annual exemption’. Small gift allowance: You can give as many gifts of up to £250 per person as you want each tax year, as long as you have not used another allowance on the same person. Birthday or Christmas gifts you give from your regular income are exempt from Inheritance Tax. Gifts for weddings or civil partnerships: Each tax year, you can give a tax free gift to someone who is getting married or starting a civil partnership. You can give up to: £5,000 to a child £2,500 to a grandchild or great-grandchild £1,000 to any other person Regular payments/Excess Income Gifting: You can make regular payments to another person, for example to help with their living costs. There’s no limit to how much you can give tax free, as long as: you can afford the payments after meeting your usual living costs you pay from your regular monthly income These are known as ‘normal expenditure out of income’. They can include: paying rent for your child, paying into a savings account for a child under 18, giving financial support to an elderly relative If you’re giving gifts to the same person, you can combine ‘normal expenditure out of income’ with any other allowance, except for the small gift allowance.

Can a life insurance policy cover my Inheritance Tax Bill?

Yes, life insurance policy can cover a part of or your full IHT bill before Probate is granted. It can protect your assets from being sold to pay IHT making things easier for your family. It required special planning. To know more, please contact us.

I have a Will, do I need Estate Planning?

Wills and Estate Planning are often used interchangeably but it’s important to recognize they don’t mean the same thing. Our Estate Planner will work with you to estimate your potential inheritance tax obligations and provide you with tailored advice.

Can I write my own Will?

Yes, you can write your own Will. It should be only done when your wishes are simple like leaving everything to partner. However, you must seek professional advise if you are trying to reduce your Inheritance Tax bill, or own a property abroad, or have foreign investments or bank accounts, or you have people financially dependent on you.

How can I store the Will safely?

Never store your Will in a bank safe deposit neither bank can access it nor can your executer until Probate is granted, and Probate cannot be granted in the absence of Will. We strongly advise that once the Will is made, it should not be kept in home environment as it can get damaged due to theft or loss. You can take advantage of our Secure Storage Facility for a small annual fee. You can access your documents free of charge at any time, upon written request and surrender of your Storage Certificate. We can advise you other options as well. Once you have decided how to store the Will, we recommend informing your executor about its storage and how to access it.

How do I store LPAs safely?

Powers of Attorney are powerful documents. We strongly advise that once the Powers have been signed and registered, you do not keep these legal documents in the home environment, for the following reasons: Storing your documents will ensure that these Powers are NEVER used without your express knowledge and consent, while you have capacity. Prevent your documents from being accidentally damaged or destroyed. Ensure that your documents are never lost or stolen. You can take advantage of our Secure Storage Facility for a small annual fee. You can access your documents free of charge at any time, upon written request.

EstatePlanning

Why Transferring Your Home to Your Children Doesn’t Avoid Inheritance Tax

ByPavan Nagori April 1, 2025April 2, 2025

Many homeowners consider transferring the title of their primary residence to their children in an attempt to reduce or eliminate inheritance tax (IHT) liabilities. However, under UK tax law, specifically HMRC’s Gifting with Reservation of Benefit (GROB) rule, such a transfer generally does not provide any inheritance tax benefits. Here’s why:

Understanding the Gifting with Reservation of Benefit Rule

The Gifting with Reservation of Benefit (GROB) rule prevents individuals from avoiding inheritance tax by gifting assets while continuing to enjoy the benefits of those assets. If a person gifts their home to their children but continues to live in it, HMRC will still consider the property part of their estate for inheritance tax purposes. This means that when the original homeowner passes away, the property remains subject to IHT.

Conditions That Trigger the GROB Rule

For a gift of a property to be effective for inheritance tax purposes, the original owner must:

Completely relinquish benefit and control: The former owner must move out or pay a full market rent to continue living in the property.
Ensure independence from the property: Paying below-market rent or maintaining significant control over the property’s use will cause HMRC to classify the gift as having a reservation of benefit.
Consider the tax implications of paying rent: Even if full market rent is paid, this may not be a good solution as the rental income will accrue to the children’s overall income and be taxed at their respective income tax band rates, potentially increasing their tax liabilities.

If these conditions are not met, the property remains within the original owner’s estate, and the anticipated IHT benefits are not realized.

Case Study: Mr Patel’s Attempt to Avoid Inheritance Tax

Mr Patel, aged 75, owns a house worth £600,000 and wants to reduce his inheritance tax liability by transferring the property to his two children. He continues living in the house without paying rent, assuming the transfer will remove it from his estate for tax purposes.

Outcome:

Under the GROB rule, since Mr Patel still benefits from the property, HMRC treats the gifted amount as part of his estate when he passes away.
Upon his death, assuming no other exemptions apply, the estate is liable for IHT at 40% on the amount above the nil-rate band (£325,000) and the residence nil-rate band (£175,000).
This results in an IHT charge on £100,000 (£600,000 – £325,000 – £175,000) = £40,000 in tax liability.

Alternative: Paying Market Rent

To comply with tax rules, Mr Patel considers paying market rent of £1,500 per month (£18,000 per year) to his children.

Over 10 years, this amounts to £180,000 in rent paid.
However, his children must declare this as rental income, and if they are higher-rate taxpayers (40%), they will owe £72,000 in income tax over that period.

Thus, even paying rent does not necessarily make this a tax-efficient strategy.

Other Pitfalls of Transferring a Property

In addition to the GROB rule, homeowners should consider other risks and drawbacks of transferring their home to their children:

Capital Gains Tax (CGT) – If the children later sell the property, they may face CGT on the increase in value from the date of transfer.
Loss of Control – Once transferred, the parents lose legal ownership, meaning children could make decisions about the property without the parents’ consent.
Financial Risks – If a child faces financial difficulties, divorce, or bankruptcy, the property could be at risk of legal claims.
Potential Care Home Fees – Some individuals believe gifting their home can help them avoid means-testing for care home fees, but deliberate deprivation of assets rules can override this strategy.

Conclusion

Transferring the title of a primary residence to children while continuing to live in it does not provide any inheritance tax advantages due to the Gifting with Reservation of Benefit rule. Additionally, paying market rent to comply with the rule may introduce further tax liabilities for the children. If estate planning and inheritance tax mitigation are concerns, seeking professional financial advice is essential to explore legitimate and tax-efficient strategies.

There are several other solutions to solving your inheritance tax problem.

Business Relief: A Lifeline for Trading Companies is now LIMITED

Business Relief (BR) and Agricultural Relief (AR), previously known as business property relief and agricultural property relief, allow trading companies and agricultural businesses to be exempt from IHT. Essentially, qualifying businesses can pass down wealth without the burden of hefty tax bills, allowing family-run businesses to continue across generations. Let’s imagine a family-owned manufacturing company,…

Read More Business Relief: A Lifeline for Trading Companies is now LIMITED
Pensions – Protected from taxes? Think again!

Do you have rental or other income? Are you likely to use all your pension in your lifetime? NO, The good news is that there no Inheritance tax on pensions. Hence, you should use your assets before dipping into your pension. HOWEVER, if you die after 75 years of age as most of us will,…

Read More Pensions – Protected from taxes? Think again!
Inheritance from overseas

If you receive inheritance from overseas (e.g. India), is there UK inheritance tax? NO. In UK, inheritance is not on beneficiaries like in certain European countries like Portugal but on the estate of the deceased. Meaning the tax is charged on the deceased wealth and then post-tax amount is distributed. Hence any tax from overseas…

Read More Inheritance from overseas
Forfeiture rules – assisting suicide

The recent High Court ruling pleased me… a lot … and I want to share it with you: “Accompanying deceased to Swiss clinic does not by itself amount to assisting suicide“, says England and Wales High Court (EWHC) and allows the widower to inherit the estate of the deceased! Background: For two years, she had…

Read More Forfeiture rules – assisting suicide
Probate Delays continue

New data from HM Courts & Tribunals Service (HMCTS) has revealed Probate application delays continue. For the 27,664 grants of probate issued in October, the average timeline from submission to grant was 15.2 weeks (September was 15.4) according to the data. This is still an increase from the 13.9 weeks recorded in June this year…

Read More Probate Delays continue
HMRC investigates families for IHT shortfalls

HMRC opened 2,029 investigations between April and November alone, recovering £172 million. This is part of a larger trend – with over 3,100 investigations and £251 million recovered in the previous tax year. The Times said that the Treasury is expected to raise £7.6 billion from inheritance tax in 2023-24, an increase of £500 million…

Read More HMRC investigates families for IHT shortfalls

How am I going to afford long-term care?
Finawis Advisors can help you plan your long-term care and funding you may need to support your later years.
Are trusts tax efficient?
A trust can be a great way to cut down your IHT bill. Our expert advisors can guide you through the process.
Are my heirs subject to any other taxes?
Your heirs may be subjected to Income Tax, Capital Gains Tax and may also get their benefits affected if they have more than £6000 after inheritance.
Is Estate Planning same as Will Planning?
Will Planning is a simple process of documenting your wishes and what happens to your assets in the event of your death.

Estate Planning is a more comprehensive process incorporating various documents pertaining to securing and passing of your assets in the most tax efficient way.
How much can I give as gifts each year?
Annual exemption: You can give away a total of £3,000 worth of gifts each tax year without them being added to the value of your estate. This is known as your ‘annual exemption’.

Small gift allowance: You can give as many gifts of up to £250 per person as you want each tax year, as long as you have not used another allowance on the same person. Birthday or Christmas gifts you give from your regular income are exempt from Inheritance Tax.

Gifts for weddings or civil partnerships: Each tax year, you can give a tax free gift to someone who is getting married or starting a civil partnership. You can give up to:

£5,000 to a child

£2,500 to a grandchild or great-grandchild

£1,000 to any other person

Regular payments/Excess Income Gifting: You can make regular payments to another person, for example to help with their living costs. There’s no limit to how much you can give tax free, as long as:
- you can afford the payments after meeting your usual living costs
- you pay from your regular monthly income
These are known as ‘normal expenditure out of income’. They can include: paying rent for your child, paying into a savings account for a child under 18, giving financial support to an elderly relative

If you’re giving gifts to the same person, you can combine ‘normal expenditure out of income’ with any other allowance, except for the small gift allowance.
Can a life insurance policy cover my Inheritance Tax Bill?
Yes, life insurance policy can cover a part of or your full IHT bill before Probate is granted. It can protect your assets from being sold to pay IHT making things easier for your family. It required special planning. To know more, please contact us.
I have a Will, do I need Estate Planning?
Wills and Estate Planning are often used interchangeably but it’s important to recognize they don’t mean the same thing.

Our Estate Planner will work with you to estimate your potential inheritance tax obligations and provide you with tailored advice.
Can I write my own Will?
Yes, you can write your own Will. It should be only done when your wishes are simple like leaving everything to partner.

However, you must seek professional advise if you are trying to reduce your Inheritance Tax bill, or own a property abroad, or have foreign investments or bank accounts, or you have people financially dependent on you.
How can I store the Will safely?
Never store your Will in a bank safe deposit neither bank can access it nor can your executer until Probate is granted, and Probate cannot be granted in the absence of Will.

We strongly advise that once the Will is made, it should not be kept in home environment as it can get damaged due to theft or loss.

You can take advantage of our Secure Storage Facility for a small annual fee. You can access your documents free of charge at any time, upon written request and surrender of your Storage Certificate. We can advise you other options as well.

Once you have decided how to store the Will, we recommend informing your executor about its storage and how to access it.
How do I store LPAs safely?
Powers of Attorney are powerful documents. We strongly advise that once the Powers have been signed and registered, you do not keep these legal documents in the home environment, for the following reasons:
1. Storing your documents will ensure that these Powers are NEVER used without your express knowledge and consent, while you have capacity.
1. Prevent your documents from being accidentally damaged or destroyed.
1. Ensure that your documents are never lost or stolen.
You can take advantage of our Secure Storage Facility for a small annual fee. You can access your documents free of charge at any time, upon written request.