Inheritance Tax, Intestacy and More By Michael Challiner At Isnare.com Ezine Articles

Nowadays, when the term "married couple" crops up, this refers to registered civil partners as well as married couples. This includes civil partners of the same sex. If you don't leave a will, then unless your partner falls into this category, they won't inherit anything. No matter how long the relationship and the period of co-habiting.

There will be talk of Nil Rate Bands when it comes to Inheritance Tax. Although Inheritance Tax has its complications, there are basic rules which are easy to understand. The Nil Rate Band is the part of the total estate which someone leaves when they die, which does not attract Inheritance Tax.

The Nil Rate Band is subject to change but in 2009 the figure or 325,000 pounds applied. So when an estate has been valued at a figure of less than this amount, no Inheritance Tax will be due. Since the end of 2007 if the first person in the couple is deceased and has left the estate to their spouse or legal partner, then that partner will leave two Nil Rate Bands. This is quite straightforward, but if gifts have been made in the last seven years of the life of the first to die, then the amount of Nil Rate Band will be reduced.

To carry forward the Nil Rate Band of the first deceased person, there must be proof of death. This may be more difficult than you'd expect if many years have past. If the estate was above a certain amount, it should be possible to apply for copies of necessary documents from the Probate Registry. If the estate was more modest, it could be much more difficult to find the necessary proof.

Regarding Intestacy: In the case of a deceased person who has not left a will (or the will is invalid) who leaves a spouse and children, the spouse will only inherit the full estate if it's worth 250,000 pounds or less. Above this amount, the spouse will inherit the 250.000 pound figure and half of the remainder. What is left will be inherited by the children.

Your children are treated equally by the intestacy laws. Step children are not recognised. If you have shared responsibility for stepchildren since they were very young you should think about this - if you fail to leave a valid and properly written will you are leaving them absolutely nothing.

You may have had occasion to advance money to a son or daughter whilst you are alive, with the intention of "evening things up" at a later date. If you subsequently die without leaving a will, then be aware that all children will be treated equally, which could seem very unfair? The only way to avoid this happening is to make provision in your will allowing for the circumstances.

There are all sorts of other things that will crop up, but this should give you some idea of what an advisor is talking about. If you don't understand anything, please don't hesitate to ask - you shouldn't go ahead will the will if you're not completely clear of the implications.

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