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 25IHT 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 £325,000
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

Reducing Your Tax Liability

It will come as no surprise to you that every effort is usually considered to minimise both current and future tax liabilities. Even though a deceased's Will may not be immediately tax efficient there are ways to make it so. The most common way is through an Instrument of Variation. These can be entered in to for up to two years after someone has passed away.

The Instrument of Variation can be used potentially to:

  • Reduce Inheritance Tax Liability - for the purposes of inheritance any alterations made by the instrument are applied as having been effected by the deceased and not by any of his beneficiaries
  • Redirect Assets - any assets owned jointly by the deceased can be severed so that for the purposes of disposal they do not pass by right to the joint owner
  • Reduce Capital Gains Tax Liability - in a similar way to Inheritance Tax Liability the instrument will have the effect of disposing of an asset as if it had been done so by the deceased but is not treated as a disposal for the purposes of a Capital Gain
  • Redistribution of Assets - the instrument can act to pass the assets of a deceased to their children or grand children as opposed to passing direct to the surviving spouse under the terms of the deceased's Will

Other bona fide uses of an Instrument of Variation include changing the Will in order to make adequate provisions for someone who may have not been included in the Will or under provided for, provide clarification if the Will is unclear or establish a trust.