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The
unexpected death of a spouse is a devastating event
and if the surviving partner is not fully aware of
the state of the family's finances, it can lead to
considerable financial problems. All too often, couples
do not fully discuss the implications of the death
of a spouse or partner and this can create additional
stress that could easily have been avoided. So take
some time out and consider the following areas of
your family's finances.
Bank accounts
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On your premature death, a joint bank account should
carry on as normal. However, watch out for money held
in an individual bank account - this could be held
up in probate, even if the surviving partner is the
named beneficiary in a will.
Loans and debts
*
Your spouse cannot be held directly liable for credit
card and personal loans in your name, but on your
death these debts will be deducted from the estate,
thereby reducing what is left to your spouse, partner
or other beneficiaries. 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 put at risk?
The family home
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Firstly, how is the house owned between you and your
spouse? In most cases, it will be on a joint-tenancy
basis, which means that when one of you dies, the
deceased's share in the property will automatically
revert to the surviving spouse. If you are in a second
marriage, is your ex-spouse's name still on the deeds?
If so, get it changed now, otherwise your current
spouse could lose all rights to stay in the family
home.
Family protection
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In addition to 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. You
should make sure that your life cover is written in
trust.
Inheritance tax (IHT)
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If you own your home on a joint tenancy basis and
are married, there will be no tax liability on the
first death, because anything left to a spouse isn't
subject to IHT. The same applies when you each own
half the home as tenants in common and each of you
leaves your share in your will to the surviving spouse.
However, a surviving spouse must be UK domiciled for
an unlimited amount to be IHT free, otherwise a reduced
amount is IHT free.
But tax could be a problem once the second spouse
dies. Under the tax rules for the 2003/04 tax year,
once an estate is worth more than £255,000 the excess
becomes subject to IHT at a flat rate of 40%.
If an inheritance tax bill looks likely, it is more
sensible to make some provision to meet it, otherwise
your heirs may be forced to sell the family home or
other assets simply to raise enough money to pay the
tax bill. A popular solution is the purchase of a
whole-of-life insurance policy written in trust and
designed to pay out when the surviving spouse dies.
Pension provision
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You also need to consider what would happen to your
current and previous pension arrangements if you were
to die prematurely. If you have an occupational pension
scheme, is it based on a percentage of your final
salary with provision for a widow or widower or is
it a money purchase scheme? Check and make sure that
your spouse and/or children are named on the benefit
nomination form.
Investments
*
Provided you say so in your will, investments, such
as unit trusts, investment trusts and shares can revert
to your spouse 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 your children or grandchildren to make use of the
IHT nil rate threshold of £255,000 (2003/04), provided
you leave enough for your surviving spouse to live
on.
Also, dividing ownership of assets between you and
your spouse will allow each of you to make full use
of your annual capital gains tax exemption, against
which you can set your investment profits.
Wills
*
Don't assume everything will automatically go to your
spouse or partner when you die. Ensure that you have
a properly drawn-up will. Ask someone else as well
as your spouse or partner to be an executor and, finally,
don't forget to tell your spouse or partner and other
family members where they can find a copy.
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| The
information provided is for general guidance
only. However, if you leave any of these areas
to chance, in the event of your premature death
they will almost certainly cause further distress
to your spouse and family. For a complete analysis
of your current financial position, please e-mail
or contact us for further information. |
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The Financial Services
Authority does not regulate loans, will writing
or all forms of life cover or family protection. |
Article
date August 2003
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