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Author: Sophie Soraf

Advice to young farmers on taking over the family farm

Posted on by Sophie Soraf
If you’re a young farmer who is in line to inherit your family’s business, taking the farm successfully forward into the next generation can feel overwhelming.

In this guide, we provide you with an overview of the many ways you can prepare yourself to run the family business, embrace new methods of working and protect the farm both legally and financially.

Open up conversations about succession

While talking about money and inheritance can be uncomfortable, it’s important to open up these conversations early on so that everybody’s expectations and positions are clear. Succession planning is important for any family business, but broaching the idea within farming families can be particularly difficult, with the current business owner often reluctant to relinquish control to a successor.

According to a study, less than a fifth of farmers plan to ever fully retire, while only half of those with children have identified a successor. Indeed the UK Government recognises this as a problem, to the extent that it has set up a new scheme to pay older farmers to retire, enabling the younger generation to enter, bringing with them new farming methods and breathing new life into the business.

Even if the current owner of your family’s business has no plans to retire, it’s still important to plan for the unexpected and to ensure that the legal and financial framework has been put in place to enable you to take over the business in the event of their death.

If your parents are unwilling to enter into these types of conversations with you, our rural legal specialists can help you facilitate positive discussions by explaining the benefits of succession planning and assisting with essential aspects of estate planning such as drafting Wills, providing Inheritance Tax (IHT) advice, introducing the possibility of making lifetime gifts and placing life insurance benefits in trust.

Key succession planning questions

If you’re unsure of where to start, here are some good questions you can use to open up productive conversations around succession and the future of the family business.

  • What are your parents’ future plans? Do they plan to retire? If so, can you work with them and take on more responsibility so they are able to slow down in their later years? If not, is there another way for the two generations to satisfactorily work together in the long term?
  • Who will live where? Does the farm have a number of properties which can accommodate the family?  If so, try to have an open discussion with all family members about preferences for the future.
  • What training and skills development do you need to undertake in order to prepare for succession? Your parents may be nervous to hand over the farm if they do not believe you yet possess the skills to take the farm forward successfully.
  • It’s likely your parents will not want to split up the farm, so if you are in line to inherit, what provision will need to be made for your siblings, if you have any?
  • How will your family’s land and business assets be passed down with the minimum Inheritance Tax liability?
  • What role do you, your parents and your siblings want to play, now and in the future? Do your siblings want to be involved in the farm or are they happy for you to take it over? It’s important to nail the details down now to avoid conflict later down the line.

Draw up a partnership agreement

If the farm owner is not ready to retire, but you are still looking to take a more active role in the business in order to develop your knowledge and skills, you may wish to consider a Partnership Agreement.

Having a partnership agreement in place allows clarity regarding the ownership of business assets and enables families to clearly define the roles each partner will play in the day-to-day management of the farming business.  Holding assets within the partnership can sometimes also be a useful tax planning tool.

Our expertise is in helping farming families draft comprehensive partnership agreements, and to advise on any issues that may arise in the duration of the partnership (for example, helping to handle disputes, or managing change within the partnership, e.g. if one of the partners leaves the partnership or dies).

Consider diversifying

Whether they want to or not, many farming businesses are having to diversify and find new and sustainable sources of income to ensure the farm’s survival in the modern era. According to Defra, 66% of farms across the UK have already diversified in some form to provide farming families with the additional income they need and support the rural economy.

This may take the form of using unused outbuildings to set up farm shops or professional services spaces, hosting tourism accommodation, or setting aside land for recreational uses, such as horse riding or golf courses.

Funding a new venture is often expensive, which can prove a barrier to successful diversification. In addition to commercial loans and private finance, you may be able to access funding from initiatives such as the Rural Development Programme for England, which provides money for diversifications that will have a positive impact on the environment.

At Tees, we regularly advise farming families on a wide range of diversification projects, ensuring they meet any new legal and regulatory requirements to which they may become subject in the course of their new venture – for example, planning permission, or the acquisition of special licenses or certificates.

Get familiar with new post-Brexit funding

The EU system of grants and subsidies to British farmers is being phased out from this year and replaced with a new series of Environmental Land Management schemes that reward farming businesses for the provision of ‘public goods’, i.e. implementing more sustainable farming methods or working to restore habitats and the environment.

Understanding the types of initiatives rewarded by the new system will help you guide the business in the right direction and enable you and your family to more effectively plan for the future.

They include (but are by no means limited to):

  • Natural flood management measures
  • Restoring habitats and environments
  • Forest and woodland creation
  • Opening up public access to the countryside
  • Improving soil health
  • Improving air and water quality.

More information about the post-Brexit Environmental Land Management schemes can be found here. The gov.uk website also gives an overview of other grants and payments currently available to agricultural businesses.

Take specialist advice

For many young farmers, the thought of taking over the family farm is exciting, but overwhelming. But you don’t have to do it alone. Our agriculture and estates specialists offer legal and financial services across a broad spectrum of specialisms, including Wills, Trusts, Tax & Probate, Corporate, Commercial Property and Wealth Management.

We have been helping farming families successfully transfer their business from generation to generation for over a century. For advice on planning for your future, don’t hesitate to get in touch.

What is pension drawdown and how does it work?

Posted on by Sophie Soraf
Pension (or income) drawdown is one of the ways you can use your pension pot to provide a regular income when you reach retirement. Drawdown is a flexible way of accessing your pension, while allowing your pension fund to keep growing. Here, we explain exactly how drawdown works and whether it’s right for you.

Pension drawdown is available to those aged 55 or over (increasing to age 57 in 2028) and enables you to take an income from your pension pot while leaving your remaining pension savings invested.

You can choose to move your pension into drawdown in one go or a little at a time. You may be able to do this with your current provider or by transferring your pension to a drawdown provider elsewhere. If you decide to transfer, it’s important to first check you won’t lose any valuable benefits or be charged high exit fees.

Under rules introduced in April 2015, you can take up to 25% of your pension pot you use for drawdown as tax-free cash – you can take this in one go or each time you move part of your pension into drawdown. Further withdrawals can then be made as and when you choose, whether you do this in one go, take regular monthly payments, or withdraw lump sum payments as and when you need them.

Drawdown allowances and tax rules

The first 25% you take of your pension pot will be tax-free, while the remaining 75% will be subject to Income Tax. How much you pay will depend on your total income for the year and your tax rate. For 2020/21 this means:

  • if you have no other income, no tax will be due on the first £12,500
  • on income between £12,501 and £50,000 you’ll pay tax at 20%
  • on income between £50,0001 and £150,000 you’ll pay tax at 40%
  • on income over £150,000, you will pay tax at 45%.

What are the benefits of drawdown?

One of the biggest advantages to drawdown is the flexibility it offers. Not only does it enable you to take money from your pension savings whenever you need it, there’s no limit on the number of withdrawals you can make, and you can take out different sums each year.

At the same time, the remainder of your pension pot can stay invested which means if your investments perform well, your income could grow throughout retirement. Drawdown gives you the option of being able to choose your own investments, use ready-made portfolios or let an adviser choose on your behalf.

What are the downsides?

It’s important to understand that it’s your responsibility to ensure your retirement income lasts the duration of your retirement and to understand that the more you withdraw from your pension pot, the quicker it will be depleted. If you make withdrawals too frequently, your retirement income could run out earlier than expected.

Consider, too, that large withdrawals can push you into a higher tax band and, as soon as you withdraw more than your 25% tax-free lump sum, the Money Purchase Annual Allowance (MPAA) applies which limits the amount that be contributed to your pension to £4,000 per year.

Additionally, there’s no guarantee that your investments will continue to grow which means you could get back less than you invest.

Buying an annuity is still appropriate for many people in retirement as it allows you to use your pension savings to buy a guaranteed income that lasts the rest of your life. If you prefer, you can use part of your pension savings to buy an annuity and leave the remainder in drawdown.

How to manage drawdown funds during retirement

If you’re considering drawdown, it’s important to plan carefully, taking into account how long you need your pension to last – remember that your retirement could last 30 years or more. As part of this, you’ll need to consider what to do with any cash you withdraw over the short, medium and long-term:

Short-term: when still in employment, it’s advisable to keep three to six months’ worth of income in a current account or savings account that will give you instant access for covering emergency costs. Upon retirement, this should increase to one to three years’ worth of expenditure.

Medium-term: cash that’s not required in the immediate future could be tied up in a fixed term savings account as these tend to pay higher interest rates than you’ll get with an easy access account. In return, you must leave your funds untouched for the term of the account, which could be anywhere between six months and five years. As a general rule, the longer the term of the account, the higher the rate of interest. You could choose to lock some cash away in a shorter-term account, and another chunk in a longer-term one.

Long-term: investing can be a good option for any cash you won’t need to use for longer than five years. Investing in the stock market tends to give better returns than cash savings over the long-term but remember that your investments can fall in value as well as rise, so you should ensure you understand the risks involved first.

Key questions to consider

Before deciding whether pension drawdown is right for you, it’s worth asking yourself the following questions to ensure you fully understand your options:

  • How much of my pension do I want to move into drawdown?
  • Will I be charged an exit fee if I transfer my pension?
  • Am I comfortable managing my retirement income or would a guaranteed income be more suitable?
  • How regularly should I make withdrawals?
  • Am I comfortable with the investment risk and do I have other income to fall back on?

How we can help

Should you need help answering these questions, our expert pension advisers are on hand to discuss all your pension and retirement options. We take a holistic approach tailored to you, the individual, and will always make alternative suggestions if appropriate.

Our advisers will talk to you in jargon free language to help you understand your choices and our advice and recommendations will be focused on helping you to get the best possible result.

The value of investments can go down as well as up and you may not get back the full amount you invested. The past is not a guide to future performance and past performance may not necessarily be repeated.

 

This material is intended to be for information purposes only and is not intended as an offer or solicitation for the purchase or sale of any financial instrument. It is not intended to provide and should not be relied on for accounting, legal or tax advice, or investment recommendations. Past performance is not a reliable indicator of future returns and all investments involve risks including the risk of possible loss of capital. Some information quoted was obtained from external sources we consider to be reliable.

Tees is a trading name of Tees Financial Limited which is authorised and regulated by the Financial Conduct Authority. Registered number 211314.

Tees Financial Limited is registered in England and Wales. Registered number 4342506.

Keeping gifts of money in the family

Posted on by Sophie Soraf
Increasing numbers of parents are helping their children onto the property ladder. Money will often come from your own hard-earned savings or from a family inheritance so you will understandably want to make sure that your financial investment stays within the family.

This article looks at options to assist your child’s property purchase and ways of reducing the risk of that assistance leaving the family.

What should I do when providing money to my child for a house purchase?

It is sensible to agree and document whether the money is intended as a gift or loan, or whether you are taking a share in the property. There is risk of complication if your child is buying jointly with their partner, for instance in the event of a future relationship breakdown. However, even if your child is buying alone, future complications can still arise. For example, if they later cohabit with a partner and the partner acquires an interest in the property or if there is a future dispute between you and your child.

Both you and your child should also consider making a Will or reviewing existing Wills and consider the basis on which the property will be held to ensure that the property interest and any rights you have and your estate more generally will pass appropriately.

How can I help my child financially when buying a house?

There are various ways in which you can help your child onto the property ladder, for example:

Making an outright gift

This means giving the money to your child without retaining any rights to repayment or any interest in the property. Where Inheritance Tax is a concern, it is advisable to document the gift by a Deed of Gift as evidence that the money has been given.

Gifting to a child may necessitate a change to your Will. For example, if you have other children you may wish to give more of the remaining estate to the other children to balance out the lifetime gift given to their sibling. Or you may wish to ensure that the gift is not deducted from your child’s inheritance if that is the intention.  Failure to consider and properly document the impact of the gift on your Will can lead to a result which is not in accordance with your wishes as well as the risk of future uncertainty and bad feeling within the family.

Lending funds to your child

Instead of gifting money to your child you may wish to lend funds. This gives you some protection as you will have the ability to get your money back if needed, for example if there is a relationship breakdown or if your financial circumstances change. It is advisable to enter into a loan agreement to avoid future disputes as to whether the money was a loan or a gift. Legal advice should be sought to make sure the loan complies with legal requirements.  

Acting as guarantor on a mortgage or as a joint mortgage

Some lenders may grant a mortgage where a parent acts as guarantor for their child. Acting as a guarantor means agreeing to be legally responsible to the mortgage provider for repayment of the loan if the borrowers can’t pay. Alternatively, you could be joined as a party to the mortgage, meaning you would be jointly and severally liable for it together with the other borrowers. It would be sensible to enter into an agreement with the other borrowers giving you the right to reclaim from them any monies you pay to the lender (although this will not protect you if they are insolvent). In some circumstances you may be able to take a charge over the property as further protection.

These options avoid having to provide funds upfront to your child, however they could leave you financially exposed if the other borrowers cannot, or do not, meet their future loan repayment obligations. They can also affect your own ability to borrow in the future.

Buying jointly with your child

This involves you taking a share in the property, typically in proportion to the share of the purchase proceeds you provided to your child. On the one hand, this enables you to receive any future uplift in property price on that share which you can then dispose of as you wish in your Will (or enjoy during your lifetime). However, there are Capital Gains Tax and Stamp Duty Land Tax ramifications, on which advice should be sought.

A Declaration of Trust should be completed to record the shares of each purchaser.

What happens if my child is buying a property with their partner?

It is becoming more common for young couples and/or cohabitees to jointly buy a property together. It is therefore important to consider the risk of some or all of the amount provided to your child being lost in the event of death or if there is a future relationship breakdown (particularly where the provision is made by way of gift).

Where two people own property jointly, they can opt to hold it as “joint tenants” or as “tenants in common”. If they opt to hold as joint tenants, the share in the property of a deceased joint tenant would automatically pass to the surviving joint tenant. This has the advantage of simplicity where the co-owners want to leave their shares to each other, however it would mean that the share of the deceased co-owner could not be left to their own family. Furthermore, the co-owners cannot have unequal shares in the property, so a co-owner making an extra contribution to the purchase price could not take a larger share.

Where property is held by the co-owners as ‘tenants in common’, this enables the joint owners to hold different percentage shares in the property and for the share of each joint owner to be left to their intended beneficiaries if they die via their Will.  The co-owners can enter into a declaration of trust setting out their respective shares. They should both consider who they would want to inherit their share and make Wills accordingly.

How can a declaration of trust help protect each co-owner’s property share?

A declaration of trust sets out the interests each co-owner has in the proceeds of sale of the property. This is especially important where one co-owner is contributing significantly more to the purchase price and/or mortgage repayments than the other, for example, with the benefit of a parental gift. The declaration of trust can give one co-owner a larger share of the future proceeds of sale, e.g. to reflect their additional contribution to the purchase price.

It is very important that the parties agree and properly document their respective interests in the property when it is purchased to reduce the risk of future uncertainty and disputes.

A declaration of trust can also set out other points the co-owners may wish to agree in relation to the property, for example what should happen if one of the co-owners wants to  sell the property or buy out the other co-owner.

What other issues do I need to consider when helping my child buy a property?

  • Tax – the different options for assisting your child will have varying tax repercussions for both you and your child, which should be considered in advance
  • Wills – both you and your child should consider the impact of the arrangements on your Wills.
  • Your financial position – you should consider the impact of the proposed assistance on your own financial situation; for example, whether you can afford to help and whether you might need the funds back in the future. This will impact your decision as to whether to help and the option chosen. You should consider taking appropriate financial advice.
  • Family issues – if your child goes through a divorce or separation, their assets (including the property share you have helped them with) could potentially be reduced by the family courts. There are options to protect against this, for example cohabitation agreements, prenuptial and post nuptial agreements.

We’re here to help

If you are involved in your child’s property purchase, our expert advisers are here to help you navigate the legal and tax implications. We will liaise with our Residential Property Team to fully understand your requirements and ensure the careful preparation of a Declaration of Trust to accurately reflect the ownership of the property, so that both your and your child’s financial interests are fully protected.

Appointing a guardian for your children in your Will

Posted on by Sophie Soraf
As parents, who would you entrust the care of your children to, were the unthinkable to happen?

This question is not one many of us are comfortable considering as it is likely to stir up a lot of emotion and sometimes, conflict between parents who may have differing views.

However, if you have parental responsibility it’s vitally important that you make plans for the care of your children in your Will in the event that both of you were to pass away. Not only is this in the best interests of your children, but it will also allow you to feel as confident as possible that you have made the best possible arrangements for your children’s future and security.

What is a legal guardian?

A legal guardian is someone who has the legal authority to take care of your children should anything happen to you. Guardians are responsible for taking all parental decisions and can also be made responsible for managing your children’s property and inheritance (although responsibility for managing property and inheritances can instead be given to others).

What powers does a guardian have?

A guardian, whether appointed under a Will or by the Court, has parental responsibility for the child or children within his or her custody. Upon appointment, the guardian has all the rights, duties, powers, responsibilities and authority that a parent of a child holds in relation to that child.

In practical terms this means that the guardian can make decisions about where your children live, who lives with them, any decisions relating to their education or health and is entrusted with protecting, maintaining and disciplining them.

Therefore, it is very important to choose a guardian who you feel is best equipped to make these important decisions for your children.

Who should I choose as a guardian?

It is impossible to make generalisations about the relative or friend best suited to act as a guardian for your children. We all live in different circumstances and contexts so the choice of a guardian will likely be highly personal. However, some key considerations are likely to include:

  • The age of your children – as your children get older the caring responsibilities will change, so your initial choice of guardian(s) may be a decision you wish to re-evaluate at some point in the future
  • The age of the guardians – for most people, their first choice of guardian is the child’s grandparents. It is worth considering how old they are before making this decision.
  • How many children you have and if the guardian(s) you choose would be willing to take care of them all – the more children you have the greater the financial implications
  • How many children they have – if you choose a sibling or friends as guardians, do they already have their own children? If so, they may not be in a position to take responsibility for your children as well
  • Attitudes and beliefs – do those you wish to appoint share the same beliefs or religion as you? Will they bring up your children to have the same values as you would?
  • Financial situation – are your chosen guardians financially stable? Would they be willing or able to reduce their working hours to take care of your children?
  • Where they live – if they live far away from you, will this mean that your children would need to move to a new school, away from family and friends and what impact could this have on them?

There is unlikely to be a perfect scenario. Ultimately the most important thing is that by appointing a legal guardian in your Will, you have peace of mind having made the decision as to who will look after your children in the event that you are no longer there.

If you would like to appoint a legal guardian, talk to us today.

Do I have the right to appoint a guardian for my child?

You must have what is legally referred to as ‘parental responsibility’ in order to be able to appoint a guardian over a child under 18 years of age.

Parental responsibility means all the legal rights, duties, powers, responsibilities and authority which a parent has for a child by law.

A mother automatically has parental responsibility for her child from birth. A father will attain parental responsibility by either being married to the child’s mother at the time of the child’s birth, or by being named on the birth certificate.

If a father satisfies neither of these, but he would like to gain parental responsibility for his child, then he will either need to agree with the child’s mother for them both to sign a Parental Responsibility Agreement or he will need to apply to the Court for a Parental Responsibility Order.  Other ways a father may obtain parental responsibility for his child include being named in a Child Arrangements Order as a person with whom his child will live or marrying the child’s mother after the child is born.

In the case of same-sex female parents, the woman who carried the child is treated as the child’s mother and automatically has parental responsibility for the child from birth.  The second female parent will automatically have parental responsibility if she is a same-sex spouse or civil partner of the child’s mother at the time of the fertility treatment and consented to the treatment.  Otherwise, she would acquire parental responsibility in the same way as an unmarried father.

In the case of same-sex male parents who have a child born to them through surrogacy, they may acquire parental responsibility in a slightly different way.

If one of the male parents is a ‘biological’ father of the child and is named on the child’s birth certificate, he will automatically acquire parental responsibility in the same way as any other unmarried father.

If any parents, same-sex or heterosexual, use a surrogate, the process is more complicated.  For legal purposes, the surrogate mother who gives birth to the child is the child’s mother and automatically has parental responsibility for them.  The intended parents need to obtain a parental order from the court, which will give them both parental responsibility and bring the surrogate mother’s parental responsibility to an end.  Certain criteria must be met, which are complex and under these circumstances it is particularly important to seek specialist legal advice.

Step-parents may think they automatically gain parental responsibility for their step-child when they marry that child’s mother or father, but in fact, both biological parents would have to give their consent for the step parent to enter into a Parental Responsibility Agreement, obtain a Parental Responsibility Order through the Court, or be named in a child arrangements order as a person with whom the child will live.

When does the appointment of a guardian take effect?

The appointment of a guardian under a Will takes effect on the death of the last surviving parent with parental responsibility. For example, Anna and Bill are married and both have parental responsibility for their child, Cameron. In Bill and Anna’s Wills, they both appoint Anna’s sister, Dianne, as the guardian for Cameron. Should Anna pass away before Cameron reaches the age of 18, Dianne does not become the guardian for Cameron, as Bill remains the surviving parent with parental responsibility. Should Bill also pass away before Cameron reaches the age of 18, then Dianne’s appointment becomes effective.

The above example is straight-forward, however things can become more complex should two parents with parental responsibility appoint different guardians in their Wills – perhaps because they have separated.

Consider the same example, but that Anna appoints Dianne as the guardian for Cameron in her Will and Bill appoints his brother, Edward, as the guardian for Cameron in his Will. Should Anna and Bill pass away before Cameron reaches 18, whether simultaneously or otherwise, then both guardianship appointments become effective: Dianne and Edward are both guardians of Cameron and must now co-ordinate their efforts – possibly something Anna and Bill had not intended and perhaps not in Cameron’s best interests.

As an alternative to the above, you may wish to appoint a guardian in your Will subject to certain conditions. You could stipulate various conditions such as:

  • The guardian you name may be appointed whilst they live in a certain region, perhaps where the child is settled
  • The couple you appoint may only act as guardians whilst that couple is together
  • The child’s grandparent should only be the guardian up to a certain age, at which point another individual would become the appointee.

It is impossible to account for all circumstances, but specific concerns or wishes should be drafted clearly and effectively.

How should the child’s finances be managed?

Child Poverty Action Group estimated in 2018 that the cost to raise a child from birth to 18 years for a couple family is estimated at around £75,000, rising to £100,000 for a lone-parent family.  Clearly, there are substantial costs involved in raising a child and you may, therefore, wish to give consideration as to how the guardians of your children would manage financially. At the same time, you will be concerned to ensure that your children’s assets, including any inheritance they receive from you and their other parent and any trust funds, are managed appropriately for their benefit.

Many children are left with significant assets of their own after the death of their parents, for example:

  • They may have inherited significant assets under the Wills of their parents,
  • The parents may have created trust funds for them (including any life insurance policies placed under trust).

Their grandparents may wish to make provision for them during their lifetimes or by Will. Whilst the children are young, it may be necessary for the income or capital of some of these funds to be used for their benefit (e.g. towards the costs of their upbringing). The ability to do this will depend on the terms under which the assets are held (e.g. the wording of the Will or trust document).

It is also relevant to consider who will be making decisions about management of the child’s finances. Assets left to a child under a Will would generally be managed by trustees appointed under the Will while the child is under 18 (often, but not necessarily, the executors of the Will). Assets left under a trust will be managed by the trustees. It is important to give careful consideration to who should manage the funds. Some people are happy to appoint the guardians so that they can manage the child’s finances as well as looking after them. However, it should also be kept in mind that the guardians may have a conflict of interest as they could benefit indirectly from use of the funds. Therefore, some parents prefer to appoint other trusted friends, family members or professionals to manage the funds (either alone or alongside the guardians).

Another important consideration is at what age children should be able to make financial decisions themselves. Where assets are left to them outright, they are generally able to access them at age 18. Some parents will be concerned that this may be too young, in which case it is possible to specify a different age in the Will or to use ongoing trusts. There are, however, some tax issues that may be relevant to this decision, depending on the circumstances.

For all of the above reasons, it is important for parents with significant assets to take appropriate legal advice to ensure that the documentation under which the child’s assets are held is worded appropriately. It is also sensible for them to leave the executors/trustees a letter detailing how they would wish them to exercise their powers and discretions.

Long-term Care Planning: Get the Best Advice

Posted on by Sophie Soraf
Our SOLLA (Society of Later Life Advisers) accredited care fee planning team can help you create a robust plan for later life, in order to avoid difficult financial decisions for yourself and your loved ones down the line.

Long-term care refers to the range of services available to support those who need long-term or permanent assistance in caring for themselves. This can include residential and nursing home care, as well as domestic help.

Services are provided by a wide range of different bodies and organisations, including local Authorities, the NHS, private organisations and charities.

In the UK, better standards of living and improvements in healthcare have led to people enjoying a longer life expectancy. While in 1950, the average person could expect to live until they were nearly 69 years of age, today we have a life expectancy of over 81 years old.

While many older people can now expect to live to an advanced age in good health, it is inevitable that some will require care and assistance as they reach their later years.

How much does long-term care cost?

According to the Money Advice Service, the average annual cost of residential care is between £30,000 and £40,000 per year. These costs may not be all-inclusive, either – visits to the hairdressers, day trips and other forms of entertainment, for example, can all cost extra.

Home care costs will vary according to the person’s needs. On average, the cost of a home carer is around £17 per hour. So, even if you only need two hours of care per day, it could still add up to £12,500 per year.

Does the government help to pay long-term care fees?

Government funding is available to help you with the costs of long-term care. The amount to which you are entitled varies across the UK, with each devolved nation offering different levels of support.

In the autumn statement 17th November 22, chancellor Jeremy Hunt said the introduction of the new £86,000 cap on the amount anyone in England will need to spend on their personal care over a lifetime, will be delayed two years and now come into effect in 2025.

England and Northern Ireland

If you live in England or Northern Ireland, the government funding you receive will depend on how much capital you have. If you have capital assets: 

Less than £14,250: You’re entitled to local government funding to cover the cost of your care. You won’t be expected to contribute from your capital, but if you are still drawing an income (e.g. a State or private pension), you’ll be expected to contribute this except for a personal expenses allowance (PEA) of £24.90 per week. If the cost of your care is more than your local authority’s standard rate, you may have to pay the difference – this is called a ‘third party top up’.

Between £14,250 and £23,250: You’ll be entitled to some funding, but you may have to contribute all income in excess of the PEA, as well as £1 per week for every £250 in capital you have between the upper and lower limits. For example, if you have savings of £21,000, you’ll be expected to contribute £27 of your capital per week in addition to your income.

Over £23,250: You will have to pay for your own care.

Scotland

The capital limits are higher in Scotland, but similar rules apply.

If you have capital assets: 

Less than £18,000: You’re entitled to funding to help with your care fees. As above, you won’t be expected to contribute from your capital, but you will be expected to contribute all income over the PEA (£28.75 per week in Scotland).

Between £18,000 and £28,500: You’ll be entitled to some funding from your local authority, but will be expected to contribute £1 of your capital per week for every £250 you have between the upper and lower limits, as above.

Over £28,500: You will be expected to pay the full cost of your care.

Wales

In Wales, there are different rules depending on whether you need at-home or residential care.

At-home care

If you have capital worth: 

Less than £24,000: You will not be expected to use your capital to pay for your care. Your local authority can only look at your income when deciding what to charge you.

Over £24,000: You will be obliged to pay for your home care, but the Welsh government has capped the cost at a maximum of £90 per week.

Residential care

If you have capital worth: 

Under £50,000: You won’t be expected to use your capital to pay for residential care. You will, however, be expected to contribute all income in excess of the PEA, (£32 per week in Wales).

Over £50,000: You will be expected to pay the full cost of your care until your capital is reduced to £50,000 or below.

What counts as ‘capital’ for long-term care means tests?

For the purpose of local authority means tests, your ‘capital’ includes the value of the following assets:

  • Property (although this can be disregarded under certain circumstances)
  • Money held in bank accounts/building societies
  • Investments
  • Premium bonds
  • Cash
  • Any benefits you’re eligible for (even if you’re not claiming them)

What if I’m not entitled to government funding for my long-term care needs?

If you have a disability or complex health needs, you may be eligible for NHS continuing healthcare (CHC) free of charge. It is a package of care that can be provided at home, in a nursing care home or in a hospice. You’re more likely to qualify if you have healthcare, as opposed to social care needs.

If you are ineligible for government or NHS funding, there are ways to self-fund your care. Whether you’re paying in full or in part, the costs can mount up and it’s wise to prepare yourself financially. You could do this, for example, through savings and investments, or through a care fees plan (also known as an immediate needs annuity). This is a specialist insurance plan designed to convert capital into income to meet your care fees.

Consulting with an independent financial adviser well ahead of time will equip you with the tools you need to prepare yourself for the potential costs of long-term care.

Will I have to sell my house to pay for long-term care?

Your property will be included in government means test assessments, except in the following circumstances:

  • Your spouse/civil partner lives in the property
  • A disabled relative lives in the property
  • A relative over the age of 60 lives in the property
  • A child under the age of 16 lives in the property
  • Your care needs are only temporary
  • You are in your first 12 weeks of needing permanent care

If you do need to sell your home to pay your care home fees, the 12-week deferment period (which only applies if your capital falls under the upper limit in your country of residence) gives you time to find a buyer for your property and complete the transaction before you have to start paying fees.

Can I give away my property so it’s not included in the means assessment?

Even if you give your home away, for example to your child or another relative, it may still be counted as capital in the means test. This is because your local authority may see it as a ‘deprivation of assets’. This means that you have gifted your property for the sole purpose of discounting it from a means assessment. So, you might have to pay for the cost of your care as if you still owned your home anyway.

What happens when I can no longer make important decisions for myself?

Some people who require long-term care have lost mental capacity, and no longer have the ability to look after their money or advocate for their needs. That’s why planning ahead is so important, to enable your family to step in and manage your affairs when you need it most.

You can nominate somebody who is legally entitled to manage your personal and financial affairs with a document called a Lasting Power of Attorney (LPA). There are two types of LPA:

  • Health and Welfare LPAs allow your nominated attorney to make vital decisions relating to your health and personal welfare (including decisions surrounding long-term care);
  • Property and Finance LPAs will allow them to make key decisions about your money and property (e.g. whether or not to sell your house to pay for care home fees and accessing your capital to pay for your care).

Without an LPA in place, your family could face a drawn-out court process before they are able to give you the help you need.

Assistance is at hand

If you have capital and property that places you above the capital limits in your country of residence, then it is extremely important to seek professional independent financial advice from an adviser specialising in long-term care planning.

Our SOLLA (Society of Later Life Advisers) accredited care fees planning team can help you create a robust plan for later life, in order to avoid difficult financial decisions for yourself and your loved ones down the line.

At Tees we offer expert independent financial as well as legal advice which gives us the ability to combine your financial planning and legal needs, giving you a fully joined-up view.

We can take care of your later life financial plans in conjunction with advising you on estate planning and Powers of Attorney. We’re here to help, and only a phone call away.

 

This material is intended to be for information purposes only and is not intended as an offer or solicitation for the purchase or sale of any financial instrument. It is not intended to provide and should not be relied on for accounting, legal or tax advice, or investment recommendations. Past performance is not a reliable indicator of future returns and all investments involve risks. Some information quoted was obtained from external sources we consider to be reliable.

Tees is a trading name of Tees Financial Limited which is authorised and regulated by the Financial Conduct Authority. Registered number 211314. Tees Financial Limited is registered in England and Wales. Registered number 4342506.

What to do when someone dies

Posted on by Sophie Soraf
When someone dies, there are lots of practical issues to be dealt with, at what will inevitably be a very difficult time for the person’s family and friends.  Here we outline the main things that will need to be done during those difficult early days.

Family and friends can usually deal with most of the practical things that need doing immediately after a death. Solicitors normally get involved a little later. If there is no family member or friend to deal with the practical matters, then a solicitor can help with some or all of these things.

Security and insurance for property

If the person who has died lived alone, someone should go to their home on the day of the death to do urgent things which cannot wait. The more common steps that may need to be taken are as follows:

  • Security: take the security precautions that you would take when leaving your own home empty for a while, such as locking all doors and windows, stopping deliveries of papers and milk and moving valuable items, so that passers-by cannot easily see them.
  • Pets: if the person had a pet, make temporary arrangements for it to be looked after by family or friends or through an animal rescue charity.
  • Guns: if you know that the person had a gun licence and kept firearms at the property, report the death to the police so that they can make arrangements for the guns to be kept safely.
  • Insurance: look for papers relating to the insurance of the property and its contents. Ring the insurers, tell them about the death and make sure that there is adequate home and contents cover in place. Keep a note of your conversation with the insurers with the paperwork. If you can’t find insurance documents, the insurance company name will often be found in a recent bank statement.

Everything that is in the home of the person who has died should remain there where possible. This makes it easy to arrange for all the person’s property to be valued where necessary for inheritance tax purposes.

If there are very valuable items and you believe they are not adequately insured or secure, consider moving them to a more secure place, but consult the personal representatives or close relatives of the person who has died or the person’s solicitors before you do this.

Registering the death

When someone dies, a doctor issues a medical certificate which states the cause of death. The death needs to be recorded formally on the register for births, deaths and marriages.  A death must be registered within five days after the date of the death.

The death must be registered at the register office for births, deaths, marriages and civil partnerships for the district where the person died. If you do not know where this is, contact the local authority or visit here. A relative should, if possible, register the death but the registrar allows certain non-relatives to register if no relative is available. The registrar will be able to provide information on who can act. Ring the register office first to find out if it has an appointment system.

The following papers contain information needed for registering the death:

  • birth certificate
  • marriage or civil partnership certificate
  • death certificate of former wife, husband or civil partner
  • state pension or allowance book
  • passport

Even if you cannot find these papers, you can register the death if you have all the necessary information. Whoever registers the death should also take to the register office the medical certificate from the doctor and the following information:

  • date of death
  • place of death
  • full name of the person who has died
  • any former names
  • occupation
  • last address
  • name, date of birth and occupation of the person’s spouse (including a same-sex spouse for marriages on or after 13 March 2014) or civil partner (whether living or dead); and
  • information about any state benefits the person was receiving.

If you do not know all the details about the person who has died that you need for the registrar, you should be able to find them in his or her birth certificate, marriage or civil partnership certificate and state pension or allowance book.

The registrar issues an official copy of the register, called a certified copy death certificate, after the person registering the death signs the register. You can obtain any number of certified copy death certificates. You do have to pay for them; the price varies from one local authority to another. You can claim back the cost from the estate in due course.

You need several copy certificates to send out when giving notice of the death to banks, insurance companies and so on. You will also need a copy for the person’s pension provider, and it is sensible to get one or two spare copies while you are at the register office as it is less convenient to order additional copies later.

The registrar also issues a certificate for burial or cremation. Give this to the funeral director who is making the funeral arrangements.

What if the death is reported to the coroner?

Unexpected deaths are reported to the coroner, sometimes by the police but usually by the doctor who was called when the person died.

When a death is reported to the coroner, the coroner usually arranges for a post-mortem. This normally establishes the cause of death. If the death is from natural causes, it can be registered, and the funeral can go ahead.

There is only an inquest if the cause of death is in doubt, even after the post-mortem, or the post-mortem shows that death was not from natural causes. Even if there is to be an inquest, the coroner usually allows the funeral to be held after the post-mortem.

Arrangements for payment of ongoing bills

Bank accounts and other assets in the sole name of the person who has died are usually “frozen” from the death until the personal representatives obtain a grant of probate or letters of administration.

If the person who has died paid household bills, then the other members of the household may be worried about how to manage between the death and the grant. There are various ways of dealing with this problem, for example:

  • if a member of the household had a joint account with the person who has died, that account can be used to pay bills
  • it may be possible to borrow from a family member or from the bank
  • if the person who has died had life insurance or was a member of a pension scheme, a lump sum may be payable soon after the death.

It’s a good idea to obtain professional advice on the different options as there may be relevant tax or financial circumstances which need to be considered.

Dealing with state pension and benefits arrangements

The registrar will give you a form (form BD8) to complete. This is used to tell the Department of Work and Pensions (DWP) Bereavement Service of the death so that it can deal with the state pensions and benefits arrangements of the person who has died.

The personal representatives or family can complete this form or ask a solicitor to complete it and send it to the DWP. Alternatively, you can call the DWP Bereavement Service or search the government website.

A number of local councils offer the DWP’s “Tell us once” service which is a way of letting a number of government departments know that someone has died, by just making one contact. If this is available in your area, the registrar will either use the service for you or give you a unique service reference number so that you can use the service over the telephone or online. The service can be used to contact the government departments that deal with the deceased person’s benefits, state pension, tax, passport and driving licence.

Locating any Will

It’s best to find the latest Will of the person who has died (or at least a copy) as soon as possible after the death because:

  • they may have said in the Will what kind of funeral they wanted
  • the administration of the estate goes more smoothly if the executors (the person or people appointed in the Will as the personal representatives of the estate) are involved from the start.

People who get solicitors to make their wills for them often keep a copy of the will with their important papers. The original is usually kept by the solicitors’ firm: the address and phone number of the firm is often on the cover of the copy will. It’s important that a thorough search is made to check whether the deceased left a will and to make sure that the most up to date Will is located.

If you cannot find a Will (or a copy) in the home of the person who has died, ask the person’s bank and their solicitors if they know where it is. There are also certain searches and advertisements which can be made for a Will – a solicitor can advise on  these.

If the person who has died left a Will which does not appoint you as an executor, but you know the people who are appointed executors, make sure they know about the death. You and the executors can then decide who is to register the death, if this has not already been done, and who is to arrange the funeral.

If you have registered the death and obtained copy death certificates but you are not an executor, hand the copy certificates over to the executors or to their solicitors. If you are not going to deal with the DWP, hand over the form relating to social security benefits too. If the executors are arranging the funeral, give them the certificate for burial or cremation.

If, because you cannot find a Will, you do not know who the personal representatives are, you can still arrange and hold the funeral.

Only the executors appointed in a will are entitled to see the will before probate is granted. If you are not an executor, the solicitors of the person who has died or the person’s bank, if it has the will, cannot allow you to see it or send you a copy of it, unless the executors agree. However, they can tell you who the executors are. They can also let you know what the will, or a note kept with it, says about the kind of funeral the person wanted.

Arranging the funeral and organ donation

It’s desirable to find the following documents before the funeral but the funeral can go ahead even if you do not find them:

  • the most recent will of the person who has died, or a copy of it
  • any note saying what kind of funeral the person wanted
  • papers relating to life insurance or pension arrangements.

Many people leave notes saying what kind of funeral they would like, or they express their wishes in their wills. You are not legally obliged to follow the wishes of a person who has died but usually relatives and friends prefer to do so. It can be distressing to discover after the funeral that it was not arranged as the person wished, so look as soon as possible for a note and for the will.

If you know that the person who has died wanted to leave his or her body for medical research, look for the relevant consent form. The form may be stored with the person’s important papers or with the will. The form will have details of the relevant research institution: contact it and follow the procedure it recommends.

It may also be relevant to consider whether the person who has died made any decision regarding giving or refusing consent to organ donation, either by recording a decision on the NHS Organ Donor Register or by speaking to friends and family. In England the law relating to organ donation changed on 20 May 2020 to a new “opt out” system, whereby consent to organ donation can be assumed in some circumstances. Further information about the new system can be found here.

When you have confirmed that the body is to be buried or cremated rather than given for medical research (if this is the case), give the certificate for burial or cremation to the funeral director. The funeral director will discuss the arrangements with you and guide you through the process leading up to the funeral and the burial or cremation.

By taking on the responsibility for arranging the funeral, you are also taking on the responsibility of paying for it. You will eventually be able to reimburse yourself from the estate of the person who has died, if there is enough money in the estate to cover the funeral expenses.

You, or other family members, may be willing to pay the funeral expenses, on the basis that you will claim repayment from the estate later. However, there are other ways of paying for the funeral:

  • look through the papers of the person who has died for anything relating to a pre-paid funeral plan. If you find that the person subscribed to a plan, contact the provider and follow the procedure it recommends.
  • a bank where the person who has died had an account, may be prepared to release money from the account. The bank “freezes” an account when it learns about the account-holder’s death, making no further payments out. However, it may make an exception for funeral expenses. Contact the bank to ask whether it will release money to pay for the funeral.
  • look through the papers of the person who has died for anything relating to life insurance or pensions and contact the providers. If the person had a job at the time of the death, contact the employer’s HR department. Lump sum payments can often be made from life insurance policies and pension schemes very soon after a death. However, you should take professional advice before using lump sums of this type to pay funeral expenses as there may be a more tax-efficient way to use the money.
  • If you are arranging a funeral for a partner or close relative and you are on a low income, you may qualify for help in paying for it. You may have to repay some or all of it from the estate of the person who has died. For more information, see https://www.gov.uk/after-a-death/overview.
  • In some instances, the funeral provider may be willing to wait until probate has issued for settlement of the invoice.

People to notify

Anyone else with whom the person who died had a business connection should be notified of their death as soon as possible. Some of the more common persons to be notified are listed below.

  • Anyone with whom they had a business connection
  • Banks and building societies
  • Private or local authority landlord
  • Employer
  • Private pension providers
  • DVLA
  • Passport Office
  • Royal Mail: it may be appropriate to arrange for the deceased’s mail to be redirected to another address.

Utility companies and other service providers. For example:

  • utility companies supplying gas, electricity and water.
  • broadband, phone and satellite TV providers.
  • the TV licensing authority.
  • the local council tax authority.
  • suppliers of other regular services, such as gardening and cleaning.

Administering the estate

What is estate administration?

Very broadly, administering an estate involves collecting in all the assets of the deceased, settling any liabilities, attending to all tax, accounting and reporting matters and distributing any net estate to the correct beneficiaries.

Who administers the estate?

If the deceased left a valid Will then it will generally appoint executors who are entitled to administer the estate. If there is no Will or no executors appointed (or the executors are unwilling or unable to act) then the law specifies who can administer the estate (“administrators”).

The executors or administrators dealing with the estate are known as the “personal representatives”. It will be important to check that the Will located is the most up to date Will of the deceased and a solicitor can advise on how to do this.

Is a grant of probate/letters of administration required?

A grant of probate or letters of administration is a document confirming who has formal authority to administer the estate of the deceased (known as the “personal representatives”). In many cases a grant will be required, however a grant is not always necessary where the estate is very straightforward. A solicitor will be able to advise you whether a grant is needed and who is entitled to apply.

The benefits of using a solicitor

The personal representatives need to decide whether to ask a solicitor to help them deal with the estate. For very straightforward estates of modest value, the personal representatives may feel comfortable dealing with the estate without legal advice. However, they do need to be aware that even a simple estate is time consuming and that personal representatives can be personally liable to various parties e.g. estate beneficiaries, creditors or HMRC, if they distribute the estate incorrectly, do not settle all liabilities, or do not comply with all requirements. Also, if there is an inheritance tax liability, this can sometimes be reduced, or even eliminated, with appropriate planning. Hence the personal representatives will often wish to instruct a solicitor to ensure that the estate is dealt with appropriately and for their own protection.

If the personal representatives decide to instruct solicitors to advise them in relation to the estate, they should arrange a meeting as soon as possible to take matters forward.

If the person who has died seems not to have left a Will, then one or more of the person’s closest relatives (wife, husband or civil partner, father or mother, brother or sister, son or daughter) should contact a solicitor for advice on making further searches for the Will and explain what to do if the person did not leave a Will.

Critical illness vs income protection insurance

Posted on by Sophie Soraf
Recent events have acted as a stark reminder about the importance of protecting ourselves financially – the pandemic has made us all aware that illness can strike at any time and of the devastating impact this can have on ourselves and our families.

Here we explain the ins and outs of critical illness cover and income protection insurance, the difference between the two, and which type of cover might work best for you.

What is critical illness cover?

Critical illness cover is a long-term insurance policy that pays out a tax-free lump sum if you develop a serious illness, which must usually be permanent or terminal. To receive a payout, your condition must be specifically listed as a critical illness within your policy wording.

Examples of specified critical illnesses include (but are by no means limited to):

  • Heart attack
  • Stroke
  • Certain cancers/stages of cancers
  • Alzheimer’s disease
  • Multiple sclerosis

The payout you receive can help you pay your rent or mortgage, bills, and any adaptations you might need to make to your home to accommodate your illness or disability.

What is income protection insurance?

Income protection insurance is designed to provide you with a monthly income if you are unable to work due to illness or injury. It will pay out a percentage of your usual monthly income until you can return to work, allowing you to recover without the stress of a significantly reduced income.

This type of cover usually features a waiting period, with payments designed to commence once you’re no longer covered by sick pay or other insurance policies. You can keep your premiums low by making the waiting period longer, and vice versa. You can also usually claim multiple times within the policy term for different injuries or illnesses.

While income protection covers a wider range of illnesses, insurers use a ‘definition of incapacity’ to determine the eligibility of a claim. The two most common definitions are:

  • Suited Occupation – if you are off work due to illness or disability, your insurer will assess your skills and capabilities and decide whether you could conceivably perform another job to which you are ‘suited’.
  • Own Occupation – your insurer will assess your ability to perform the duties and responsibilities of your current role.

What is the difference between critical illness and income protection insurance?

There are a number of differences between the two types of protections:

  • Critical illness cover pays out a single lump-sum, while income protection insurance pays out a monthly allowance (normally a set percentage of your usual monthly income) until you are well enough to return to work or you retire.
  • Critical illness cover will only pay out if you are diagnosed with a specific serious illness that is listed within your policy wording. On the other hand, you can claim on your income protection insurance for most illnesses or injuries that leave you unable to work.
  • While you can claim multiple times on an income protection policy, a critical illness policy is designed to provide a one-off payout.

Which cover would suit me best – income protection or critical illness insurance?

Choosing which cover is right for you will depend on a number of factors including whether you’re looking for a lump sum payment or a regular payout of a percentage of your monthly salary, the level of flexibility offered by the policy, and of course, cost.

  • Lump sum payment

Many people feel more comfortable at the thought of a lump sum payout, so if you’re one of them, then critical illness cover could be best for you. It also allows you to choose the level of cover you want, although of course covering yourself for a bigger lump sum will inevitably increase your premiums.

But it’s important to remember that you’re not entitled to multiple payouts. As soon as your insurer has paid out on a claim, your policy will come to an end. What’s more, if or when the money runs out (which may be sooner than you think if you’re using it to pay for equipment, adaptations to your home, carers, etc. that may be required following your illness), no further support will be forthcoming.

  • Regular payout

Income protection insurance pays out a percentage of your regular income, providing ongoing cover for any illness or injury that prevents you from working. The disadvantage here is that your monthly payouts are limited to what you’re currently earning; if you’re on a low income, your payouts will be accordingly low.

However, the policy is designed to cover you until you return to work, or until you retire. If you never return to work due to your illness or disability, income protection could actually pay out more in the long term than a lump sum critical illness policy.

  • Flexibility

In some ways, critical illness cover isn’t as flexible as income protection, as it only covers a scheduled list of illnesses. In comparison, income protection is there to cover you against most illnesses that prevent you from working, so it could be argued that income protection insurance is more flexible and there is less chance that your insurer will refuse to pay out on your claim.

Critical illness cover on the other hand, has the advantage of paying out straight away, whereas you’ll have a waiting period before any payout starts with an income protection policy. This may be unsuitable if you have little or no savings to fall back on if your income were to stop suddenly. So, if losing your income would leave you financially fragile within months, it may be best to take out a critical illness policy.

  • Cost

Your monthly premiums will typically be lower if you opt for income protection insurance, despite the total potential payout often being higher (i.e. it would pay out more in the long term if you never recovered sufficiently to return to work).

This is because the likelihood of the insurer having to pay out the full amount is much less than with a critical illness policy (where the policyholder is certain to receive a full payout if they meet the policy criteria), as most people who are unable to work are usually able to return after a period of recovery.

Would critical illness or income protection insurance cover me for COVID-19 ?

It’s unlikely that a critical illness policy would cover you if you contract Coronavirus, for several reasons. Firstly, as a new illness, it’s unlikely to be listed as a specific illness within your policy. Secondly, Coronavirus is a mild illness for the majority of people – so is unlikely to be categorised as a critical illness – in most circumstances anyway.

However, if you were to go on to develop another serious condition as a result of contracting COVID-19, which is listed within your policy (e.g. kidney, liver, heart or respiratory failure), then yes, you would be covered.

Income protection insurance is likely to pay out if you were out of work long-term due to Coronavirus symptoms or complications. However, if you were self-isolating, you would be unlikely to be covered unless your isolation has been advised by a medical professional. Furthermore, the waiting period means that you would usually have come out of self-isolation by the time any payout could be made.

If your Coronavirus symptoms were to continue beyond the waiting period, then your claim may be accepted by your insurer, subject to individual policy terms and conditions.

This material is intended to be for information purposes only and is not intended as an offer or solicitation for the purchase or sale of any financial instrument. It is not intended to provide and should not be relied on for accounting, legal or tax advice. Some information quoted was obtained from external sources we consider to be reliable.

Tees is a trading name of Tees Financial Limited which is authorised and regulated by the Financial Conduct Authority. Registered number 211314. Tees Financial Limited is registered in England and Wales. Registered number 4342506.

Directors’ pension: maximise business profit and provide for your future

Posted on by Sophie Soraf
You’ve invested years as well as considerable time and effort building up your business. So, the question now is: how do you extract the profits in the most tax-efficient way? The simple answer is, pension contributions.

If you have a limited company, contributing to a pension can bring significant tax advantages. Pension contributions can be treated as an allowable business expense and offset against your company’s corporation tax bill.

Whilst Business Asset Disposal Relief (BADR) Relief offers an attractive tax benefit to individuals (subject to certain criteria) and is available on business sales at 10% up to a value of £1m, it’s worth remembering that this money has already been subject to Corporation Tax and so the net proceeds are reduced and can take a considerable slice of your hard-earned profit.

What are the tax benefits?

If you run your own business, you can make personal contributions to a pension or you can make contributions through your company, with both options bringing significant tax advantages. For Company Directors, there are numerous benefits of doing so in terms of tax and control:

  • Company Directors have a range of sophisticated options available to them, over and above those offered by a default Auto Enrolment employee scheme
  • Contributions for Directors can be made by the Company as an Employer Contribution
  • Company Directors have the ability to control the timing and amount of contributions
  • Pension contributions are deductible against Corporation Tax

Attractive schemes for directors

The pension schemes available to Company Directors are attractive in that they are able to hold a much wider range of assets than workplace and personal pensions.

These arrangements can invest in shares listed on any HMRC recognised stock exchange; investment funds such as unit trusts and open-ended investment companies (OEICs) deposit accounts with any UK authorised financial institution as well as commercial property including land.

Pensions for Company Directors can be arranged on either a personal or group basis.

What is a SIPP?

A Self-Invested Personal Pension (SIPP) offers more control to you as a Director and a wider investment universe than workplace pensions or Personal Pension Plans.

When paying into a SIPP from a limited company, you could make employer pension contributions directly from your company. Your limited company SIPP pension contributions can come from pre-taxed income so by paying money directly into your pension, rather than paying in from your salary, you could gain greater tax efficiencies.

If you are a higher or additional rate taxpayer, you can pay money straight into your pension via salary exchange, instead of declaring the income as profit and taking it out as a dividend.

Benefits of a Small Self-Administered Scheme (SSAS)

For some businesses with specific needs it may be that a Small Self-Administered Scheme (SSAS) is more appropriate.  These arrangements offer a “pooled” approach for up to 11 members meaning that as a Director of an SME you can combine resources to purchase commercial property whilst retaining your own ear-marked fund.

Both SIPPs and SSASs benefit from the ability to be able to borrow up to 50% of the net assets of the scheme, which is another useful feature when considering commercial property investments.

Further benefits to saving in a pension

Savings inside a pension receive considerable tax incentives:

  • no capital gains tax on growth
  • no tax on income received and
  • pensions aren’t subject to Inheritance Tax

You may never pay tax on any of the funds invested within your pension.

Also worth considering is that employers don’t have to pay National Insurance on pension contributions. The National Insurance rate for 2023/24 is 13.8%, so by contributing directly into your pension rather than paying the equivalent in salary, you save up to 13.8%.

This means that in total, your company can save up to 38.8% by paying money directly into your pension rather than paying money in the form of a salary. Depending on your circumstances, this may or may not be more beneficial to you than paying personal pension contributions.

Bringing your premises into your pension scheme

A popular and tax efficient solution is for the pension scheme to purchase the property your business operates from.  In this case all the tax benefits described above continue to apply whilst the employer pays rent to the pension scheme, thereby making further savings against Corporation Tax.

Add to this the investment flexibility that a director’s pension can provide and in certain circumstances the ability to make commercial loans back to the company, directors’ pensions can double up as a very useful business planning tool.

Is there a limit on contributions?

The amount that can be contributed to a pension and receive tax relief is £60,000 per annum.  Once the current year’s allowance has been used, any unused allowance from the previous three years can be brought forward.

Safe and secure

Pensions are held in trust so it is not normally possible for creditors to make a claim against your pension scheme unless it can be demonstrated that the funds were invested with the intention of avoiding a claim. Provided your contributions have been regular and made for the purpose of providing retirement benefits, your pension fund is safe and secure for your benefit regardless of what happens to your business.

Important things to remember

  • Saving for your future is in important part of financial planning, and it should be done as tax-efficiently as possible
  • As a business owner there are many schemes available to you with attractive features you can benefit from that are not available within a normal employee pension scheme
  • Pension contributions are one of the most tax efficient ways of doing this whether it be contributions paid by the business which qualify for corporation tax relief, or personal contributions which qualify for tax relief at your highest marginal rate
  • You can access your pension from the age of 55 and there are a number of different and flexible options available, including drawdown

As Independent Financial Advisers with access to the whole of the market, Tees Wealth is perfectly positioned to recommend you the most suitable arrangements according to your business needs and individual circumstances. If you would like an informal chat at no cost or obligation, please don’t hesitate to get in touch.

This material is intended to be for information purposes only and is not intended as an offer or solicitation for the purchase or sale of any financial instrument. It is not intended to provide and should not be relied on for accounting, legal or tax advice, or investment recommendations. Past performance is not a reliable indicator of future returns and all investments involve risks. Some information quoted was obtained from external sources we consider to be reliable.

Tees is a trading name of Tees Financial Limited which is authorised and regulated by the Financial Conduct Authority. Registered number 211314. Tees Financial Limited is registered in England and Wales. Registered number 4342506.

Life insurance explained: Term vs. Whole of Life

Posted on by Sophie Soraf
If the Coronavirus pandemic has done anything, it has shown us that we never know what’s around the corner. So, while taking out life insurance might not be at the top of many people’s ‘to do’ list, it is arguably one of the most important financial products anybody can purchase.

Over the past few months, thousands of people have lost loved ones tragically and unexpectedly, pushing them into financial hardship at an already difficult time.

What is life insurance?

Life insurance is designed to pay out a lump sum to your family in the event of your death, enabling them to keep up mortgage payments, bills, childcare costs and whatever else is required to maintain the lifestyle they’re used to when they no longer have your income to support them. A payout from a life insurance policy could make the difference between your loved ones facing a financial struggle at a challenging and emotional time and being able to maintain a stable environment with the standard of living they enjoyed while you were still with them.

Do I need life insurance?

If you need convincing that life insurance is a good product to buy, then ask yourself this: if you were to die, how much money would your family need have to live on? How long would it be before they found themselves running short of money? If your income covers vital outgoings such as the rent or mortgage, bills, or grocery shopping, then taking out life insurance is an excellent decision.

Even if you aren’t the main breadwinner, however, you may still be making a contribution to your family that would be difficult (not to mention expensive) to replace if you were no longer here. You may for example, be the primary care giver for your children, providing housekeeping and other home-based services that are critical to your family’s wellbeing.

What is the difference between term and whole of life insurance?

Term and whole of life insurance are the two main types of life insurance available on the UK market. A term life insurance policy is designed to last for a certain period of time, called the ‘term’.  It will only pay out if you pass away during the term of the policy. If the policyholder dies after the term has expired, the policy won’t pay out.

On the other hand, whole of life insurance does exactly what it says on the tin – it will pay out to your beneficiaries whenever you die, no matter when that is, because it is designed to last for your entire lifetime.

What are the advantages of term life insurance?

The main advantage of a term life insurance policy is that it is designed to be temporary. So, it can cover you while you have financial responsibilities such as a mortgage and children to take care of, but you can stop paying premiums once your children have grown up and moved out.

It can also be a cheaper option as there is less risk associated with it for the insurer. Term life insurance policies can therefore provide the maximum death benefit available for lower monthly premiums.

Term life insurance policies also tend to be simpler and a lot easier to understand than permanent policies. There tend to be fewer exclusions, hidden costs or risks to worry about later down the line.

What are the disadvantages of term life insurance?

Because term life insurance policies expire, you may have to take out another policy to cover you. However, because you will be older and will therefore be perceived to have more age-associated health risks, premiums for a new policy will increase the older you get. For example, taking out a policy in your 20s or 30s will be cheaper than if you were to take out a new policy in your 50s or 60s.

Term life insurance can also be more uncertain. You may pay premiums for the whole of the term for no benefit, if you outlive the policy period, while you may develop a health problem during your term that renders you uninsurable, making it difficult or impossible to take out a new policy once your term life insurance policy has expired.

What are the advantages of whole of life insurance?

Whole of life insurance has the obvious advantage of lasting for the policyholder’s lifetime, thus providing extra security by guaranteeing a payout to your beneficiaries, no matter when you die. However, there are also other benefits to be aware of.

Unlike a term policy, you won’t face having to find a new policy when your current one expires, so you will remain insured even as you get older or if you develop health conditions.

Some whole of life insurance policies also offer the unique advantage of allowing you to invest your premiums in stocks and shares, enabling you to grow your money depending on how the stock market performs.

What are the disadvantages of whole of life insurance?

The main disadvantage of whole of life insurance policies is the expense. Whole of life policy premiums can be many times more expensive than a term policy covering you for the same amount – this is because insurers know that they’ll have to pay out on your policy at some point, whereas they may never have to pay out on a term life insurance policy.

They are also more inflexible, and you may find the premiums more difficult to keep up with as you get older, retire and have less income to live on. If you mainly need life insurance to cover you while you have mortgage payments and dependants at home, then term insurance will be more suitable because you can cancel your policy once it’s no longer needed.

What type of life insurance is best for me?

This entirely depends on your personal circumstances and what you need the payout to cover.

One of the biggest selling points of whole of life insurance is that it can be used to help your family deal with an inheritance tax bill. These bills can really shoot up if the value of your estate exceeds the nil-rate band threshold of £325,000 and has to be paid before your beneficiaries are given access to your estate. As such, many families are forced to take out huge loans to cope with the cost, adding stress to this already heart-breaking time. It should be noted, however, that a whole of life insurance policy can only help your family in this way if it is written in trust – this means that the payout from your policy won’t be considered as part of your estate.

However, if you need life insurance to cover a particular period in your life where you have a lot of financial responsibilities, then term life insurance will be a cheaper, more flexible option that doesn’t leave you paying expensive premiums when you no longer need to.

At Tees we provide independent financial advice across a whole range of financial products, including life insurance. Working in partnership with you for the long term, we are always there when you need us.

If you need help choosing the right life insurance product for your needs, call us today.

This material is intended to be for information purposes only and is not intended as an offer or solicitation for the purchase or sale of any financial instrument.  

Tees is a trading name of Tees Financial Limited which is regulated and authorised by the Financial Conduct Authority. Registered number 211314.  

Tees Financial Limited is registered in England and Wales. Registered number 4342506. 

Dealing with your digital assets upon death

Posted on by Sophie Soraf
Like it or not, we live in a digital age where technology has changed the way in which we store our data and even our memories. Even if we are not aware of it, most of us will have digital assets of one kind or another. This begs the question as to how such assets are dealt with when we die. Can they be inherited and transferred to the beneficiaries in our Wills? Can our online accounts be accessed by our loved ones? Or are they lost forever?

What are digital assets?

In simple terms a ‘digital asset’ is something intangible but that has a value, be it a financial or sentimental one. Examples include but are not limited to:

  • Data
  • Software
  • E-mails
  • Designs
  • Patents
  • Online accounts
  • Digital photographs
  • Web addresses
  • Digital money known as cryptocurrency

Do we own our digital assets?

It might surprise you to learn that we do not always own what we perceive to be our digital assets. Often, our online accounts, for example, are used under the terms of a licence agreement, which we enter into by accepting the provider’s terms and conditions.  Here’s an example: iTunes accounts – we do not own the music that we “purchase”, but rather we just have the right to listen to it under the terms of the licence agreement. A licence is usually non-transferable and will be specific to the individual licensee. This has implications after death, as the person might have wanted to pass on the content of their accounts, but the executors may find that they are unable to.

Generally if held under a licence, the licence agreement will determine what will happen to the account upon death. For example, social media accounts such as Facebook or Instagram can be “memorialised” where friends and family can continue to share memories about us after we pass away. Other providers, such as Twitter, close accounts upon death and provide our families with an archive of all our public posts.

Beyond our social media profiles, accounts such as those with Dropbox are automatically deleted after a period of inactivity. This is also often the case with email providers, although some allow access to authorised people after the account’s closure, where others allow the account to be transferred. It is not difficult to see therefore how confusion, uncertainty and logistical problems can arise.  After all, the digital world is a relative newcomer and every day new inventions and systems are adding to the complexity.

To overcome these problems, you may simply opt to share your passwords so as to give access to digital content to someone you choose. However, notwithstanding issues of confidentiality during your lifetime, you should be wary of doing this because this could be in breach of your agreement under the provider’s terms of business.

How do our loved ones find out about our digital assets?

Given that our digital assets by definition have no physical presence, it can be extremely difficult to trace them when we pass away. However, it’s important that our executors are able to find details, particularly where the assets have a financial value, such as our PayPal accounts, intellectual property such as royalties or digital cryptocurrencies (e.g. Bitcoin). In some circumstances these assets can be highly valuable and should be declared by our executors, particularly as an inheritance tax liability may arise and  penalties may otherwise become payable.

Our recommendation is at the very least to keep an inventory of all of your digital assets and details as to how they can be accessed, whilst still keeping your passwords private. This might involve the use of an online password manager, for example. We’ve created a useful digital assets inventory for you to use – you can download the PDF here.

Including your digital assets in a Will

You should also consider who you would like to inherit your digital assets where this is possible. You can include a clause in your Will giving your executors discretion to deal with these items, or you can include specific gifts depending on the asset in question. You should also consider your choice of executors as it is often advisable to have separate executors dealing with your digital assets, as opposed to all other assets.

There is clearly some need for legal reform in relation to digital assets and succession. There is no joined-up thinking as to how different types of digital assets are treated on death, as a result of a lack of relevant legislation. In the meantime it is important to be aware of the problems that can arise if you have not planned properly.

Wills and succession solicitors and advice

Tees has specialist succession planning solicitors who can help you:

  • If you have digital assets and need to write or make amendments to your Will
  • If you are an executor dealing with an estate involving digital assets
  • If you have received an inheritance of a digital asset in a Will and need advice on how this can be dealt with
  • If you are related to someone who has passed away without a Will in place where the deceased had digital assets

Five reasons to make a Lasting Power of Attorney

Posted on by Sophie Soraf
The world is becoming ever increasingly aware of the problems that many of us and our loved ones will face due to mental incapacity.

One way in which you can protect your assets and give your loved ones the authority they need to look after you and your assets in such circumstances, is to prepare Lasting Powers of Attorney.

There are many reasons why Lasting Powers of Attorney are crucial documents to have in place but here are our top five:

You can choose who you wish to act on your behalf

You are therefore in control of this important appointment to enable you to appoint the appropriate person/people you trust.

If you do not make a Lasting Power of Attorney then an application is made to Court for a Deputy to be appointed. You will have no choice in the appointment of the Deputy.

You can make a Lasting Power of Attorney for Property & Financial Affairs or a Lasting Power of Attorney for Health & Welfare, or both

You can decide which of these documents are appropriate for you and your circumstances.

Previously, under the old system of Enduring Powers of Attorney, you could only ever appoint an attorney to act in respect of your Property & Financial Affairs.

A Lasting Power of Attorney is valid as soon as it is completed and can be used once it is registered with the Court

(please note however, that the Lasting Power of Attorney for Health & Welfare can only be used once you lack capacity).

If you have a General Power of Attorney, these are only valid until you lose mental capacity when it will cease to be valid- just when you need it the most!

Once the Lasting Powers of Attorney is in place then there will be no ongoing need for your attorneys to report to the Court or pay any ongoing fees

If a deputy is appointed because you did not have a Lasting Power of Attorney then your deputy will be required to provide a report to the Court on an annual basis and there will be an annual Court fee.

The Court fee has been reduced from £110 to £82!

Take advantage of this reduction.

The most important thing in respect of Lasting Powers of Attorney is that you act early. Once you lose mental capacity then you will be unable to make Lasting Powers of Attorney. The only option is then for your loved ones to apply to the Court to have a deputy appointed.

Can HMRC really take money straight from my bank account?

Posted on by Sophie Soraf
Potentially in the future, yes… but only if you haven’t paid your tax!

In the budget the chancellor announced that HMRC were to be give powers to enable the direct recovery of debts (DRD) from a taxpayer’s bank accounts (including ISAs). Quite rightly this has caused much concern and been the subject of much debate in the media. It should be noted that the practicalities of implementing theses powers are still in the consultation stages and as yet nothing is certain.

According to this document the goal is for these powers to “modernise and strengthen HMRC’s ability to recover tax and tax credit debts from those who are refusing to pay what they owe. It will help to level the playing field between those who pay what they owe, when they owe it, and those who do not.” This sounds like an admirable goal but inevitably safeguards are needed to protect vulnerable persons and prevent HMRC abusing these far reaching powers. The treasury select committee recognised this when they noted that “Giving HMRC this power without some form of prior independent oversight – for example by a new ombudsman or tribunal, or through the courts – would be wholly unacceptable”

So who is affected?

HMRC estimate this will affect 17,000 cases each year (which is less than 0.02% of taxpayers in Self Assessment).

It will only affect those who have not paid their tax and do not engage with HMRC in respect of their tax liability, those with a “time to pay” arrangement will not be affected provided they keep to their agreement.

Under current proposals HMRC suggest the powers are only suitable for debts in excess of £1,000. The debt could be a single debt for one tax or made up of various smaller amounts covering a range of taxes (including tax credits).

What are the proposed safeguards?

HMRC will, as an absolute minimum, need to contact the taxpayer four times before any attempt to apply the DRD powers is made. This contact may be by letter or phone. They envisage that a taxpayer who previously had a good history of compliance will be contacted by HMRC around nine times before DRD is used. On the subject of communication it is important to note that HMRC typically don’t use email and would NEVER notify you of a refund via email, if you receive any email offering a tax repayment claiming to be from HMRC it is likely to be a scam.

HMRC are proposing to obtain up to date balances and a 12 month history for each of the bank accounts to ensure DRD does not inadvertently cause the taxpayer to suffer undue hardship.

HMRC will leave a minimum of £5,000 in the debtor’s account after the debt has been recovered. HMRC will put a “hold” on monies above £5,000, or any higher amount they deem reasonable after reviewing the account history, in so far as they cover any tax owed. HMRC will write to the taxpayer to inform them of the “hold” and urge the taxpayer to contact them in order to settle the tax or agree a “time to pay” arrangement where appropriate.

The “hold” placed on the monies at the bank or building society will be in force for 14 days from the date of the letter notifying the taxpayer, giving the taxpayer the opportunity to contact HMRC. If contact is made and arrangements are made to pay the tax the “hold” will be lifted or the funds transferred as part of the agreement.

HMRC state it is their preference to take funds from accounts used primarily for savings over those used to cover day-to-day expenses.

Where a “hold” is placed on a joint account HMRC propose a pro-rata proportion (i.e. 50/50) of the credit balance will be subject to DRD. The joint holder will have the right to object to HMRC on the grounds of hardship or misidentification.

So in summary

The current proposals are:

  • The tax owed must be over £1,000
  • The taxpayer must be contacted a minimum of 4 times by HMRC
  • HMRC must leave a reasonable amount in the taxpayer’s account to cover normal expenses – minimum of £5,000
  • A “hold” must be placed over the funds for 14 day before funds are taken to give the taxpayer time to object.
  • With joint accounts a joint holder should be able to object.

Again it is important to appreciate that this is all in the consultation stage at the moment and all subject to change so we will need to wait and see what happens. In the meantime a copy of the consultation can be found on the Government website.

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All legal services provided by Tees are regulated by the Solicitors Regulation Authority. Tees is a trading name of Stanley Tee LLP is authorised and regulated by the Solicitors Regulation Authority (SRA Number 464615) and is registered in England and Wales number OC327874.

All financial services provided by Tees are regulated by the Financial Conduct Authority. Tees and Tees Wealth are trading names of Tees Financial Limited which is authorised and regulated by the Financial Conduct Authority. Registered in England and Wales number 4342506. Registered office address Tees House, 95 London Road, Bishop’s Stortford CM23 3GW.

Copyright © 2025 Tees Law. All rights reserved.

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All legal services provided by Tees are regulated by the Solicitors Regulation Authority. Tees is a trading name of Stanley Tee LLP is authorised and regulated by the Solicitors Regulation Authority (SRA Number 464615) and is registered in England and Wales number OC327874.

All financial services provided by Tees are regulated by the Financial Conduct Authority. Tees and Tees Wealth are trading names of Tees Financial Limited which is authorised and regulated by the Financial Conduct Authority. Registered in England and Wales number 4342506. Registered office address Tees House, 95 London Road, Bishop’s Stortford CM23 3GW.

Copyright © 2025 Tees Law. All rights reserved.

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