Blog
2025 in review: Under construction - Tax investigations
Krishna Mahajan
Sibling concern over equal treatment can linger well into middle age and beyond; it reveals itself after a parent’s death or during their old age through arguments over who has had what and who’s going to get what. We’re not legally obliged to leave our estate to our children in equal shares or, indeed to leave them anything at all.
Saving Inheritance Tax (IHT) on death by making a gift and surviving by seven years is standard tax planning sanctioned by statute. However, if you make a gift but ‘reserve a benefit’ in the property given, it will still be brought into charge on death, regardless of how long you survive.
Despite overwhelming opposition, the government has set a date for a new stealth death ‘tax’ aimed at bereaved families.
In the recent judgment of PBC v JMA and others, Judge Hilder authorised an application by an attorney to make gifts from his mother’s estate in excess of £7m, including £6m to himself.
The Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”) enables a child of the deceased to make a claim against his or her estate provided that they can show that they were financially dependent on the deceased and that the deceased did not make adequate provision for them in their will (or by an intestacy).
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