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Kylie Cox

Gifting Assets - Protecting Family Assets through the Generations

Updated: Aug 18

Trusts Category

The Bank of Mum and Dad, along with its close relative, the bank of Grandma and Grandpa, remain steadfast sources of cash loans and gifts, often the first choice for borrowers. However, while the impulse to give or loan money is often driven by love and generosity, it requires careful consideration.


Without proper planning, such actions can have significant consequences on an individual's inheritance tax bill and could lead to the loss or mismanagement of assets. For instance, what if the funds were spent imprudently or if unforeseen circumstances such as divorce or business failure arose? Moreover, what if the donor's own financial situation changed, leaving them in need of the gifted or loaned funds?


Giving gifts

Individuals may consider utiltilising gifting strategies, such as potentially exempt transfers (PETs), as part of their estate planning. PETs involve gifting assets to beneficiaries with the intention that the gifts will be exempt from inheritance tax if the donor survives for at least seven years following the transfer. While PETs offer tax advantages, careful consideration must be given to the timing and amount of gifts to mitigate potential tax liabilities and ensure financial security for both the donor and the recipient.


When to give a gift?

Additionally, it's crucial to consider the timing of inheritances. A recent report by the Institute of Fiscal Studies revealed that individuals born in the 1960s can expect to inherit at around age 58, a figure that rises to 64 for those born in the 1980s. Remarkably, approximately one-third of individuals born in the 1980s may not receive their inheritance until their 70s. At this stage in life, they may be financially stable, having paid off mortgages and seen their children leave home. Consequently, it's not uncommon for individuals to wish to support their loved ones earlier in life, particularly when they may be facing financial pressures.


The Risks of Gifting Assets

However, inheriting too much at a young age can pose its own challenges, potentially leading to the squandering of family wealth. Therefore, a delicate balance must be struck between providing financial assistance and maintaining the recipient's motivation. Thoughtful planning is essential when determining the timing and amount of gifts. Gifting is not merely a tax planning tool but a fundamental aspect of wealth management strategy. It's imperative to recognize that once a gift is given, it cannot be reclaimed, and the donor relinquishes control over its subsequent use.


Alternatives to Gifting Assets

Consideration should be given to alternatives beyond outright cash gifts. Trusts offer practical solutions to address various concerns in estate planning. Not only do trusts safeguard and protect assets for beneficiaries, but they can also serve as a means to loan funds instead of making outright gifts. Loans structured within trusts provide asset protection in situations like divorce or bankruptcy. These loans are formal agreements and may remain outstanding for the beneficiary's lifetime, becoming a debt against their estate upon their death.


Furthermore, trusts play a vital role in preventing sideways disinheritance, a concern particularly relevant in today's context of increasing life expectancy and remarriage. By establishing trusts, individuals can ensure that their children receive their rightful share of the estate, even in complex family structures resulting from divorces and remarriages.


In conclusion, trusts offer invaluable benefits in navigating the complexities of intergenerational wealth transfer, especially in the face of evolving family dynamics and societal changes. While trusts may seem daunting or reserved for the wealthy, they serve as essential tools for long-term financial planning, guaranteeing a family's stability and security across generations.


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