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February 2023

The importance of making a Lasting Power of Attorney (LPA)

According to Alzheimer’s Research, the UK’s leading dementia research charity, the number of people with dementia is projected to increase rapidly in the next few decades, mainly due to increases in life expectancy – many of us living longer but with associated health issues.

It is estimated that one million people in the UK will have dementia by 2025, and this will increase to two million by 2050.

These are certainly worrying statistics and it does appear that we may be heading towards a crisis. The figures quoted are scarily large and brings with it a host of concerns and issues, caused by the gap between the rising number of us facing incapacity (due to age and conditions like Alzheimer’s and dementia), compared with too few people taking action to plan ahead for loss of capacity by making a Lasting Power of Attorney.

Health is a lottery, none of us know what conditions we may be diagnosed with in the future, the same way we can’t predict or foresee an accident. However we all run the risk of becoming incapacitated, and everyone should have a Lasting Power of Attorney in place so that in the event of it happening to us, we have nominated someone that we choose to step in and look after us in our moment of need, be it a relative, family friend, spouse or partner by taking control and making a Lasting Power of Attorney you have a say as to who can act for you

With 12.5 million people in the UK over the age of 65 and only just under 1 million LPA’s registered with the Court of Protection, we should all take this research seriously and take control to ensure we have the people we trust making decisions on our behalf.

Did you know the Inheritance Tax Rate is a huge 40%?

And that the tax bill needs to be paid before your loved one inherits? This can often cause unnecessary worry and stress at a time of grief and bereavement.

To makes things worse Inheritance tax receipts for December 2022 totalled £545 million, up from £474 million in the same month a year ago. For the final quarter of the calendar year, the tax take hit £1.8 billion – the highest total on record and up from £1.4 billion last year.

Its looking likely the Treasury will collect a record amount of cash from inheritance tax this financial year with forecasts predicting nearly £8 billion will be raised. The troubling part is that many families simply are not aware that the level of their assets trigger a liability to tax, often until its too late.

inheritance Tax is an avoidable tax and only paid by those who fail to plan for it, the tax liability is calculated on the total value of your estate after all applicable allowances. A combination of factors, such as the freeze on the nil-rate band and rising property prices have contributed to the hike in tax.

In addition the fact that new reliefs have to be claimed by executors rather than granted automatically like the NRB (nil rate band) puts additional strain on non-professional executors who may often simply overlook the additional reliefs available and pay more tax then is necessary.

How you structure your assets again plays a huge part, indeed more than 6,000 estates have paid inheritance tax (IHT) on life insurance policies which could have been excluded if their policy was written into a trust, according to HMRC data. These policies were worth a total £709m, meaning that more than £280m of IHT may have paid out on them. However, if the policies were written into a trust, they would not normally form part of the deceased’s estate and would therefore not be liable for IHT.

It is this combination of factors that sadly continues to increase the levels of Inheritance tax being paid, often unnecessarily. It should serve as a reminder of the importance of regularly assessing the value of your estate which includes getting an up-to-date valuation of any owned property and investments. It is pointless to focus solely on growing your estate and doing nothing to protect your IHT level as your are simply growing your assets only to give it to the tax man on your death.

Our Professional advisors will help you work out the total value of your estate, calculate how much tax you may be likely to owe and understand what options you have to manage that tax bill.

With the right Will and Planning in place, you can protect your loved ones and secure your family’s inheritance.

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