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Wills, Probate and Inheritance Tax Law


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What is the rate of inheritance tax? In a taxable estate any assets which are taxable over 312,000 are taxed at 40% flat rate. The limit of 312,000 is adjusted in the budget every April.

Can a beneficiary be an executor in a Will? Yes, the beneficiary can be an executor in a Will

I want to leave assets to my children but they are both small. How do I do it? You can leave assets to people who are under 18. When you make your Will you need to appoint 2 executors who will hold assets for any of the beneficiaries who are under 18 in Trust until they reach the age of 18 or a higher age if you have asked for the age to be higher.

How do I reduce the inheritance tax on my death? The simple answer is that you must reduce your estate by making lifetime gifts or other provisions during your lifetime. If you have less when you die you pay less inheritance tax. However any gifts have to be made more than 7 years before death or they will count as part of your estate.

If I hold assets jointly do they count as part of my estate. Assets held jointly do not count as part of your estate for the purposes of the powers of your executors but they do count in certain circumstances as part of your estate for inheritance tax purposes. Of course if the asset is held jointly with your spouse it would be tax free in any event.

On your death the joint owners automatically acquire the asset except in cases of jointly owned property which is held as tenants in common in which case your share of the property would pass in accordance with the terms of your Will.
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