Rebecca Griffiths

Rebecca Griffiths

It was announced last month that HMRC received £5.36 billion from inheritance tax in 2021/22, an increase of £700m from the year before.  As with everything, this figure has been affected by the pandemic but rising property prices is likely to have had an impact too.

As no changes were announced in the 2022 Spring Statement to inheritance tax legislation, it is expected more estates will become liable and this amount of revenue will simply go on increasing.

The situation continues to be:

 

Nil Rate Band

–         the amount a person can usually leave before inheritance tax is payable

 

£325,000

 

Residence Nil Rate Band

–         an additional allowance available in certain circumstances,

typically when the family home is left to children

 

 

£175,000

Rate of inheritance tax 40%

 

and it is still possible to claim:

  • an exemption from inheritance tax, if the estate passes to a spouse / civil partner or to charities
  • relief from inheritance tax of either 100% or 50% on certain agricultural and / or business interests
  • any unused Nil Rate Band and Residence Nil Rate Band from a predeceasing spouse / civil partner

In January 2022 HMRC amended their reporting regulations. Before then, an inheritance tax return was required with all probate applications, even if no inheritance tax was payable. In certain circumstances, non-tax paying estates no longer need to submit a return however the information still needs to be declared and so it is not clear if this will save much time, but it should at least save some paper!

 

Should you need assistance with inheritance tax planning or the administration of an estate or the making of a Will or Lasting Powers of Attorney please contact…..

 

The new ‘no fault’ divorce procedure is due to come into operation on 6 April 2022. The application will only need to detail that there has been an irretrievable breakdown in the marriage.  There will no longer be a need to prove this by citing adultery, unreasonable behaviour, or periods of separation.

Kathryn McGeary

Kathryn McGeary

 

The current divorce system in England and Wales, which is nearly 50 years old, requires one spouse (the petitioner) to start the divorce proceedings and, as part of the process, make an accusation about the other spouse’s (the respondent) conduct.

 

The petitioner can choose from three reasons – adultery, unreasonable behaviour or desertion. If one of these three reasons cannot be proven then the separating couple face two or five years of living apart in a ‘separation’ period before the marriage can be legally dissolved.

 

The new law has been introduced with the aim of trying to avoid confrontation where possible and reducing its damaging effect on children, in particular. The Divorce, Separation and Dissolution Act will remove the need to ‘blame’ one spouse with the couple signing a sole or joint statement that the marriage has broken down and cannot be saved.

 

This statement will also stop one spouse contesting a divorce as a statement of irretrievable breakdown of the marriage will be conclusive evidence for the court to make an order for divorce.

 

If you are facing the prospect of separation or divorce, and require further advice please contact Emma Heather or Kathryn McGeary at Nicholson Portnell Solicitors.

Family Law