07/06/2026
So my last post discussed the need to survive seven years from the date of the gift as far as Inheritance Tax is concerned. If you died within this period the gift fails and passes back into your estate.
There is one significant trap to be aware of and that is the reservation of benefit rule. In essence if you retain any benefit in what has been given away then, as far as the Revenue is concerned, you have not made a proper gift and the asset will remain in your estate. This will remain the case no matter how long has elapsed since the gift was made.
This is particularly problematical if you want to give your main residence away to the children. By continuing to live in the property means a reservation of benefit and the only way around this is to pay the children a full market rent having already given the house away. Unless you are very rich this becomes unaffordable for most clients.
Hi. This is Jeremy from Wilson's Wills. I will be giving a free information seminar at Portfield Hall Christchurch BH23 2AQ on Friday the 26th June 2026 at 1pm on protecting your family assets. I will look at Inheritance Tax and Long Term Care. I will be discussing ways of saving tax and protecting your capital from the costs of care. I will also talk about the importance of a properly drafted Lasting Power of Attorney.
Come and join me, there really is nothing to lose. Book yourself a place by emailing [email protected]. Spaces are limited so book now.