Trust solutions

Different trust solutions to managing your wealth

We can advise you on a range of different trust solutions, each designed with a particular purpose in mind. Some types of trust  are treated differently for Inheritance Tax purposes.

Many people would like to make gifts to reduce IHT but are concerned about losing control of the money. This is where a trust could help. The rules changed in 2006, making some of them less tax-effective, as a small minority will require you to pay IHT even before you have died, but they’re still worth considering. When talking about trusts, you will hear the terms:

• Settlor – the person setting up the trust

• Trustees – the people tasked with looking after the trust and paying out
its assets

• Beneficiaries – the people who benefit from the assets held in trust

There are now three main types of trusts. Any number of different types of investments can be held in a trust, so you should obtain professional financial advice to decide which is best for you.

Bare (Absolute) trusts 
With a bare trust, you name the beneficiaries at outset, and these can’t be changed. The assets, both income and capital, are immediately owned and can be taken by the beneficiary at age
18 (16 in Scotland).

Interest in possession trusts
With this type of trust, the beneficiaries have a right to all the income from the trust, but not necessarily the capital. Sometimes, a different beneficiary will get the capital, for example, on the death of the income beneficiary. They’re often set up under the terms of a Will to allow a spouse to benefit from the income during their lifetime but with the capital being owned by their children. The capital is distributed on the remaining parent’s death.

Discretionary trusts
Here the trustees decide what happens to the income and capital throughout the lifetime of the trust and how it is paid out. There is usually a wide range of beneficiaries, but no specific beneficiary has the right to income from the trust.

A few trusts will now have to pay an IHT charge when they are set up, at 10 yearly intervals and even when assets are distributed.

The treatment of trusts for tax purposes is the same throughout the United Kingdom. However, Scottish law on trusts and the terms used in relation to trusts in Scotland are different from the laws of England & Wales and Northern Ireland.

Life assurance cover

Funding a potential Inheritance Tax liability

After taking the appropriate steps to put in place an Inheritance Tax planning strategy, if there is still the potential likelihood of a liability on your estate, or if you have made gifts which have created a potential liability for the recipients if you die within seven years, we can help you review how you could fund this liability in the most efficient way.

By using life assurance cover, it is possible to use the proceeds to fund a potential IHT liability whenever it may arise. Life assurance cover is often the only means of providing immediate protection against a future IHT liability. Each premium payment is classed as a gift for IHT purposes.

The two common policy types are:

• Whole of life policies – to generate a
payment on death to cover the tax liability on the estate

• Reducing term policies – to cover the tax liability payable by the recipient of a gift if the donor dies within seven years

Any policy designed to produce benefits free of IHT for your chosen beneficiaries must be written in an appropriate trust. The trust will enable policyholders to retain control over the ultimate destination of the benefits.

Annuities

An annuity is an investment which will pay you an income for the rest of your life, no matter how long you live. This is achieved by handing over your pension fund to an insurance company in return for an annuity when you retire. The insurer then guarantees to pay you an income for the rest of your life via the annuity.

Increasing longevity means that your annuity will have to last you for possibly 20 or even 30 years of retirement, making decisions around inflation proofing your income very important.

Different types of annuity

In the UK, there are basically two types of annuity:

Pension annuities (compulsory purchase)

Purchased life annuities (voluntary purchase).

All annuities share the following characteristics:

They pay a level of guaranteed income;

They turn a lump sum into a stream of future income;

Lifetime annuities guarantee to pay an income for as long as you are alive, no matter how long you live;

When you die, payments stop, unless you have chosen a joint life annuity, a guaranteed payment period or a value protected (money back) annuity.

The ‘open market option’ – getting the best annuity
The annuity market is very competitive and rates differ between annuity providers. You can substantially increase your pension income by purchasing your annuity from the company which pays the most income. This is called ‘exercising the Open Market Option.’

Annuities have a number of important and valuable options that allow you to tailor the income to meet your personal circumstances. The most important options are as follows:

Single or joint
A single life annuity pays a secure level of income, but stops when you die. If you are married, it is possible to have a joint life annuity. This means that annuity payments will continue to your partner if you die first.

You can choose how much income your partner will receive after you have died. For example, a 50 per cent joint life annuity means that when you die, your partner will receive 50 per cent of your pension until he or she dies. But be aware that buying a guarantee will reduce the income payment slightly.

Guarantee periods
You can purchase a five or 10 year guarantee to ensure that if you die soon after annuity purchase, your spouse will continue to receive your annuity income for five or 10 years.

Buying a guarantee will reduce the income payment slightly, but this is a valuable option if you want peace of mind.

If you select a five year guarantee (which is the norm), and died two years after purchase, your estate would continue to receive an income for the next three years.

Annuity protection
It is also possible to buy a ‘money back’ or ‘value protected’ annuity. If you die before reaching age 75, and you have not received a certain amount of annuity payments by that time, the balance will be paid as a lump sum. This lump sum has the rather clumsy name of ‘an annuity protection lump sum death benefit’ and is taxable at 35 per cent.

At present the annuity protection option is only offered by a small number of annuity providers, mainly those which offer enhanced annuity rates.

Escalating annuity
A level annuity pays the highest income at the start and does not increase in the future, whereas an escalating annuity starts at a lower level, but increases each year. The increases can be constant, for instance, increasing by 3 per cent each year, or the increases can be linked to changes in the retail price index, more commonly known as index linking.

It is only natural to want the highest income, but you should not forget the effects of inflation. An increasing annuity may start lower, but it will pay out more income in the future. The corrosive effect of inflation should not be underestimated.

Enhanced annuities
If you are a smoker, in poor health or have a life reducing medical condition it is worth ascertaining whether you are eligible for an ‘enhanced’ annuity. This may pay a higher income because a medical condition, which is likely to reduce your lifespan, means that the insurer probably will not have to pay out for as long as for someone in good health.

There are three basic types of enhanced annuities:

Lifestyle annuities
These take into account certain behavioural and environmental factors, as well as medical factors to determine if you have a reduced life expectancy.

Any factor that may reduce life expectancy may be considered. These include smoking (10 cigarettes, or the equivalent cigars or tobacco, a day for the last 10 years), obesity/high cholesterol, hypertension/high blood pressure and diabetes.

Impaired life annuities
An impaired life annuity pays an even higher income for those who have significantly lower life expectancy. The insurer will require a medical report from your doctor (there is no need for you to have a medical examination).
Medical conditions such as heart attacks, heart surgery or angina, life threatening cancers, major organ diseases, such as: liver or kidney and other life threatening illnesses such as Parkinson’s and strokes will be considered.

Immediate needs annuities
These are designed for an elderly person who is terminally ill and about to enter a nursing home for the final years of their life. A lump sum payment will buy an immediate needs annuity, which guarantees payment of the elderly person’s care until they die. These annuities are expected to normally pay out for around two to three years only.

With profits annuities
With profit annuities pay an income for life, but the insurance company invests your pension fund in a with profits fund, (rather than fixed interest securities as happens with a conventional annuity).

A with profits annuitant therefore benefits from any future profits, but will also share in any of the losses in the with profit fund. You have to choose an ‘assumed bonus rate’ (ABR) of say three to 5 per cent.

As a rule of thumb, if the bonus actually paid by the insurance company exceeds the ABR, your income will rise. If it is less than your chosen ABR, your income will fall. This means that you have to be prepared to receive a fluctuating income, so they are only suitable for people who can afford to take this risk.

With-profits annuities have the normal annuity options, namely single or joint life, and a choice of guaranteed periods and payment frequencies.

Flexible annuities
A flexible annuity combines the advantages of an income for life with the advantages of a certain amount of flexibility and control over income payments, investment options and death benefits.

When a traditional (non-profit) annuity is set up, the options selected cannot be changed at a later date even if your circumstances change. For instance, if it is a joint life annuity and your partner dies first, the annuity cannot be re-priced to reflect the higher rates for a single life annuity. But a “flexible annuity” gives you income flexibility, investment control and choice of death benefits.