Inheritance Tax Planning

Quantify the likely liability first, then look at options — in that order.

Start with the cost of doing nothing

Inheritance Tax Planning

Inheritance tax planning goes wrong when it starts with a product. It should start with a number: what the liability would be today, on current rules, if nothing changed. Often that number is smaller than feared and the right answer is to do very little. When it is large, the options involve real trade-offs — most mean giving up access to money or control over it, and most take years to become effective. The cost of doing nothing comes before any recommendation.

What this covers

  • The liability quantified before any solution is discussed
  • Allowances and reliefs checked rather than assumed
  • Plain statements of what each option costs in access and control
  • Arrangements that take years to become effective flagged as exactly that
  • Drafting referred to a solicitor — we do not pretend otherwise
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Ask us about your situation.

Typical matters

What this looks like in practice

  • Calculating the likely liability on current rules and showing plainly what drives it
  • Reviewing whether the available allowances and reliefs are actually being used
  • Advising on gifting — what is immediately effective, what takes years, and what the donor permanently gives up
  • Considering whether a trust genuinely helps or merely adds cost and complexity
  • Working alongside the client’s solicitor where the answer requires a will, a deed or a trust to be drafted

Who we act for

Clients in this area

People whose estate has grown largely through property, families wanting to help the next generation without impoverishing themselves, business and agricultural owners whose reliefs need checking rather than assuming, and executors facing a liability that has already crystallised.

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In more detail

Inheritance Tax Planning at Sterling & Law

The calculation that should come first

The useful starting point is a number: what the liability would be today, under current rules, if nothing changed. It takes an hour to establish and it reframes the entire conversation.

Sometimes it confirms a real problem worth acting on. Just as often it shows the available allowances already cover most or all of the estate, and the sensible course is to do very little — keeping access to your own money, which is worth a great deal more than most people credit when they are being sold a solution.

Everything costs access, control, or time

The routes that reduce an inheritance tax liability almost all work by removing value from the estate. Outright gifts are simple and effective, and they are also gone: if circumstances change, the money cannot come back. Trusts retain a degree of control but bring cost, administration and their own tax treatment. Investment-based reliefs carry investment risk, often in smaller and less liquid companies.

There is no arrangement that reduces the liability while leaving you in exactly the same position. Any proposal that appears to has a cost that has not been explained yet. The right question is not "what does this save?" but "what am I giving up, and can I afford to?"

Gifts and the clock

Gifting is the most straightforward route and the most misunderstood. Some gifts are immediately outside the estate; many only become fully effective after a period of years, with the benefit tapering in the meantime. Giving something away while continuing to benefit from it generally does not work at all, which catches out a great many well-meant arrangements involving the family home.

The practical consequence is that time is itself a planning asset. Starting this conversation at seventy leaves options that starting it at eighty-five does not.

Where advice ends and legal work begins

Quantifying the liability, working out what can safely be given away, and advising on investment-based routes is financial advice and falls within what an authorised firm does. Drafting a will, a deed of variation or a trust is legal work, and it belongs with a solicitor.

The two need to be coordinated, because a plan and a will that contradict each other produce the worst of both. But they are different disciplines, and anyone offering to do all of it should be asked which parts they are regulated for.

Before we speak

What to have to hand

Enough to calculate the position as it stands today. The calculation comes before any discussion of what to do about it, and sometimes it is the end of the conversation rather than the start.

  • An approximate value for the home and any other property, less mortgages
  • Total value of savings, investments and pensions
  • Any business or agricultural assets, with a note of what the business actually does
  • Details of significant gifts already made, and roughly when
  • Existing wills, and any trusts already in place
  • Whether you have been widowed — unused allowances can sometimes transfer

If you have none of it

Come anyway

People often delay a first conversation until they have assembled a file. That delay costs more than the missing paperwork does. Tell us what you know, and we will work out what needs finding — and in what order.

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Plain English

The vocabulary

The words that turn up in this area, written for people who are not lawyers — because that is who has to make the decisions.

Nil rate band
The amount of an estate that can pass without inheritance tax. A second allowance may apply where a home passes to direct descendants.
Transferable allowance
Unused allowance from a deceased spouse or civil partner can often pass to the survivor, effectively doubling what is available. Frequently overlooked.
Potentially exempt transfer
A gift that leaves the estate provided the donor survives a defined period. Until then it remains potentially chargeable.
Gift with reservation of benefit
Giving something away while continuing to benefit from it. Generally ineffective for inheritance tax, and the most common way a well-meant plan fails.
Business relief
Relief that can apply to qualifying business assets. Conditions attach and businesses change, so it needs checking rather than assuming.
Deed of variation
A legal document altering the distribution of an estate after death, within a limited window. Drafted by a solicitor.
Discretionary trust
A trust where trustees decide what beneficiaries receive and when. Flexible, and carries its own tax treatment and administration.
Normal expenditure out of income
An exemption for regular gifts made from surplus income rather than capital. Requires records, which is why it is underused.

Common questions

Inheritance Tax Planning: questions we are asked most

Will my estate actually pay inheritance tax?

Many do not. It depends on the value of the estate, the allowances available to you, and how assets are held. The calculation is quick and worth doing before assuming either way.

Can I give my house to my children and keep living in it?

Generally not in a way that works for inheritance tax, if you continue to benefit from it rent-free. This is one of the most common well-intentioned arrangements that fails, and it is worth taking advice before rather than after.

How long do gifts take to become effective?

It varies by the type of gift. Some are immediately outside the estate; others take a period of years, with the benefit increasing over time. The rules change, so the position should be checked when the gift is made rather than relying on what was true previously.

Are trusts still worth using?

Sometimes, where retaining control matters — for younger beneficiaries, or where circumstances could change. They bring cost, administration and their own tax treatment, so they should be chosen for a reason rather than by default.

What about business or agricultural property?

Specific reliefs can apply, and they have conditions that need checking rather than assuming. Businesses change over time in ways that can affect whether a relief is still available, so this is worth reviewing periodically.

Do you write the will?

No. Will drafting is not regulated by the FCA and is referred to a solicitor. We work alongside them so the financial plan and the will say the same thing.

Important

Inheritance tax planning usually involves giving up access to money or control over it. Some arrangements take years to become effective and cannot easily be reversed.

Tax treatment depends on your individual circumstances and may change in future. Statements here describe the rules as they generally apply, not advice on your position.

Will writing, trust drafting and powers of attorney are not regulated by the Financial Conduct Authority. Where a matter needs a solicitor we say so and refer it.

How it works

Three steps, every time

01

First conversation

A call at our cost to understand what you are trying to do and tell you plainly whether we can help. Sometimes the honest answer is that you do not need advice at all, or not yet — and we would rather say that than bill you for finding out slowly.

02

Scope and costs in writing

Before any work starts you get the scope, the approach, who will do the work and what it will cost, in writing. Independence means we are paid by you rather than by a provider, and you should be able to see exactly what you are paying and for what.

03

Advice, then review

A written recommendation you can read, question and keep, setting out what we suggest and why — including the options we rejected. Then a review at agreed points, testing the plan against what actually happened rather than restating it.

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Tell us what you are trying to work out

A first conversation at our cost, and an honest view on whether advice would change anything for you.