| None
of us wants to consider our own premature death - it's
an unwelcome thought. But imagine the additional stress
it would bring to loved ones if you were to die and
they were not fully aware of the family's financial
arrangements.
Not talking about money can
lead to massive problems, especially if the breadwinner
dies suddenly. Here are some of the key areas that
you should take into consideration.
The family home
Firstly, how is the house owned between you and your
partner? In most cases, couples have a joint-tenants
agreement which means that when one of you dies, this
share in the property will automatically revert to
the surviving party. If you are in a second marriage,
is your ex-partner's name still on the deeds? If so,
get it changed now, otherwise your existing spouse
could lose all rights to stay in the family home.
Inheritance tax (IHT)
If you own your home jointly and are married, there
will be no tax liability on the first death, because
anything left to a spouse isn't subject to IHT. A
spouse must be UK domiciled, otherwise the first £55,000
is IHT free. But tax could be a problem if a second
spouse dies. Under the tax rules for the 2001/02 tax
year, once an estate is worth more than £242,000 the
excess becomes subject to inheritance tax at a flat
rate of 40%.
A solution might be to give
away assets in your lifetime to keep the total estate
value as close to the IHT threshold as possible. But
don't let tax avoidance become an overriding concern.
If an inheritance tax bill
looks inevitable, it is more sensible to make some
provision to meet the bill, otherwise your heirs may
be forced to sell the home or other assets simply
to raise enough money to pay the tax bill. A popular
solution is a whole-of-life insurance policy written
in trust and designed to pay out when the second spouse
dies.
Pensions
You also need to consider what would happen to your
current and previous pension arrangements if you were
to die.
If you have an occupational
pension scheme, is it based on a percentage of your
final salary, with provision for a widow or widower?
Typically, the best final salary pension schemes can
pay a lump sum of up to four times the member's final
salary and an income for life, equivalent to two-thirds
of what the member was receiving from the scheme and
which rises each year in line with inflation.
The widow or widower's benefits
from money-purchase occupational schemes and personal
pensions will depend on the annuity contract purchased
on retirement. However, if you were to die suddenly
after retirement that could be their whole pension
fund gone for good. But there are two ways to make
sure it will continue paying out to your spouse -
by including a guarantee on the contract or by including
a spouse's income.
If you die before retirement,
most pensions will simply return the current value
of the fund to whoever you nominated as beneficiary
when the scheme was set up. Is your spouse's or partner's
name on the benefit nomination form?
If you have already been widowed,
you could also contact the Pension Registry with your
late partner's National Insurance number. Your partner
might have been a member of a pension scheme that
you weren't aware of - and there could be benefits
you are entitled to.
Investments
Provided you say so in your will, investments such
as unit trusts, investment trusts and shares should
revert to a partner when you die. Although in some
instances the tax advantages of certain investments
may be lost. If you have a substantial investment
portfolio, it may be advisable to bequeath these in
your will directly to children or grandchildren to
make use of your inheritance tax-free allowance, providing
you leave enough for the surviving spouse to live
on.
Of course, it isn't only on
a person's death that investments can be handed over
to a spouse. You might benefit from holding investments
in both names, especially if one of you is in a lower
income tax bracket and can, therefore, pay less tax
on investment income. Dividing assets between you
and your spouse will also allow both of you to make
full use of your capital gains tax allowances, against
which you can set your investment profits.
Bank accounts
On a partner's death, a joint bank account should
carry on as normal. However, watch out for money held
in accounts in your partner's name only - these could
be held up in probate, even if you are a named beneficiary
to them in a will.
Loans and debts
Partners cannot be held directly liable for credit
card and personal loans in a spouse's name, but on
death these will be deducted from the estate, thereby
reducing what is left to the other person. Are you
both clear where you each stand on loans secured on
the family home? Do you have sufficient life cover
to ensure that the family home is never at risk?
Life assurance
Besides policies that you have each purchased yourself,
gather together any paperwork relating to insurance
provided through your employer and any additional
life insurance provided through your pension. To avoid
any hold-up after death, make sure all life cover
is written in trust.
Wills
Don't assume everything will automatically go to your
spouse or partner when you die. Ask a solicitor to
draw up a will; it isn't advisable to go down the
DIY route. Ask someone else as well as your spouse
to be an executor and, finally, don't forget to tell
your spouse and other family members where they can
find a copy.
The information provided
is for general guidance only. However, if you leave
these areas to chance, in the event of your premature
death they will almost certainly cause further distress
to your spouse or partner. To review your current
situation, please
e-mail or contact
us for further information.
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