Glossary
Click on a term to learn it's meaning:

Assets
All and everything, including those jointly, owned by the deceased
Beneficiary
A person entitled to a share of an estate
Bequest
A gift made in a Will of cash or a specific item, not including property
Capital Gains Tax
More often referred to as CGT is the tax payable when selling an asset based on the amount of profit made
Conveyancing
The legal process undertaken in order to dispose of or acquire land and buildings
Chattels
Property other than real estate. Movable possessions which may be included in a sale, for example. furniture, curtains.
Estate
Everything owned and owed by a deceased person
Executor
The person or persons named in a will to administer the estate
Grant of Probate
Usually obtained by the executors appointed in the Will is the document issued by the Probate Registry in favour of the executor(s) allowing them to deal with the estate
Income Tax
Tax payable on income
Inheritance Tax
Often referred to as IHT is the tax payable to the government in respect of the estate and certain lifetime gifts after death
Inheritance Tax Allowance
The amount under which no Inheritance Tax is payable, currently being £325,000
Inheritance Tax Threshold
The amount over which Inheritance Tax becomes payable currently being £312,000
Instrument of Variation
A document varying a will or intestacy after death
Intestate
Meaning that the deceased had no Will
Legacy
A gift made in a Will
Letters of Administration
The authority made by the Probate Office to allow the dealing of an estate where there was no Will
Liability
A debt which must be settled by the estate.  This could include mortgages and loans, Tax and funeral expenses.
Nil Rate Band Discretionary Trust
A trust created in a will to allow the holding of assets up to the Inheritance Tax Allowance
Pecuniary Legacy
A specific gift made in a Will.  For example a sum of money or a specific item
Probate
The process by which an estate is administered
Probate Office or Registry
The body which deals with the Grant of Probate and other matters in relation to Probate
Residue
Often referred to as the Residuary Estate is the amount left after all specific gifts have been made and liabilities been discharged
Residuary Legacy
A gift under a Will relating to the estate after all Pecuniary Legacies have been discharged
Stamp Duty Land Tax
A tax paid by the buyer upon the transfer of property where the consideration exceeds £125,000
Will
The document laying out the deceased’s wishes

Chattels - The Forgotten Aspect

We are delighted to be working with Michael Newman who you may recall from his days as an expert on the BBC's Antiques Roadshow.

The valuation and planning of Chattels in the fields of Estate Planning and IHT liabilities is an often disregarded aspect.

Two basic areas of possible value occur in the field of chattels; firstly, during the lifetime of the client and, secondly, when considering the probate liabilities after death.

During Lifetime:

When appointed Executor to a Will, the executor, the client and their beneficiaries of chattels should be consulted as to the following possibilities:

  • Gifts inter vivos can be made to beneficiaries at any time and, subject to certain conditions, these become free of IHT after 7 years.
  • If the donor wishes to retain possession and enjoyment of the gift during their lifetime and the beneficiary is in agreement, the beneficiary can formally "lease" the items back to the donor. There are strict requirements to be met for this solution to apply.

In respect of both of these plans (gift inter vivos or 'lease back') we are able to provide acceptable independent Inventories and Valuations and negotiate acceptable rents.

After Death:

In times past, the Revenue took little regard of Chattels, except with known collections, and mostly accepted the Probate Solicitor’s affadavit of value.

Things have changed. In general, terms H.M.R.C’s current practice is to look for items with an individual value of £500 or above to be individually listed and valued.

We are able to arrange for a qualified Chattels Valuer to inspect the property of the deceased to determine which assets are worth more than £500 and to complete the appropriate documents at a pre quoted fee. The service includes the valuation of specialist collections including stamps, libraries and jewellery etc.

We are also able to arrange the delivery of Specific Bequests including overseas shipping and the disposal, usually by auction of unrequired items and an “at cost”  service to ‘clear and leave clean’ properties.

All these services are organised by us through a personally selected network of qualified and recognised Valuers and Auctioneers throughout the country.