PROTECTING YOUR ASSETS FOR FUTURE GENERATIONS.
Specialist Probate Trust by Town & Country Law
Our specialist probate trust was prepared and developed exclusively for us in 2020 by a tax and trust barrister. Our Clients come to us because they know that they won’t find it anywhere else. It is unique to Town & Country Law.
We invested tens of thousands of pounds in to developing this trust with the specialist barrister in response to the specific needs of our clients.
Clients come to us for solutions to their estate planning needs, including maximising tax benefits whilst ensuring assets are protected, and have certainty that those assets will end up where they choose.
OUR SPECIALIST PROBATE TRUST PROTECTS YOUR ASSETS AND PUTS YOU IN CONTROL:
- No need for your beneficiaries to obtain probate for any assets in the Trust. This could save your beneficiaries thousands of pounds in unnecessary costs and delays.
- Beneficiaries inherit quickly and hassle-free.
- Children inherit at the right time.
- Protects the Trust assets for your beneficiaries in the event of a divorce, bankruptcy or other unexpected events.
- Prevents sideways disinheritance from situations caused by second marriages. Don’t forget, a second marriage automatically cancels your Will.
- Flexibility to move home or sell your property as you choose.
- Beneficiaries only inherit the Trust after all the owners (Settlor’s) of the Trust have deceased. The owner (Settlor) of the Trust always maintains control of their Trust.
- Inheritance Tax – Assets in the Discretionary Fund leave your estate for Inheritance Tax after 7 years.
- Residence Nil-rate Band (RNRB) is preserved, even if you downsize.
- There are absolutely no ongoing costs or charges for this Trust.
- Following the death of the Settlor’s (owners of the Trust) there are no additional costs to selling the property.
Other companies offer trust products that only accept assets up to the available inheritance tax nil-rate bands – £325,000 for a single person, and £650,000 for a married couple. Our trust can accommodate your assets over this amount, without further tax to pay. In addition to that, our trust can save up to £260,000 in Inheritance Tax! That is a huge legacy that could be left to a loved one.
These services may include reserved legal activity which means that some legal work must be undertaken by an authorised person in accordance with the Legal Services Act 2007 and authorised persons must be authorised by an approved regulator who will ensure that the regulatory obligations are met. Such work is referred to as “reserved legal activity” and entitles clients to specific protections. For the benefit of our clients, we have arrangements in place with a firm of solicitors we work very closely with who we will introduce you too. You can read more here.
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IHT Worked Example
Inheritance tax is 40% of anything above the NRB + RNRB. The amount payable to HMRC is therefore: £580,000 – (£325,000 NRB) – (£175,000 RNRB) = £80,000 Inheritance is 40% of £80,000 so £32,000
If Jane had established a Specialist Probate Trust at least 7 years prior to her death, the amount payable to HMRC would be £0.
Probate Costs Worked Example
James has a property worth £300,000.
Upon James’s death, probate is needed to transfer the property into his beneficiaries names. All figures quoted below are from the Which? Consumer group website.
Probate fees (approximate guide)
| Estate value | £100,000 | £300,000 | £500,000 |
| 1Bank fee | £4,000 | £12,000 | £20,000 |
| 2Solicitor fee | £2,000 | £6,000 | £10,000 |
Table notes
1 Bank acting as executor and carrying out probate (typical 4% fee)
2 Solicitor carrying out probate (typical 2% fee)
If James’s house is worth £300,000, the probate fee from the Which? table above calculates the probate costs from between £6,000 to £12,000.
If James had placed his property in a Specialist Probate Trust, not only would his beneficiaries have received the property immediately after death, there would also have been no cost.