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CAUTION
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The Life of Brian Riley, Phase 4
Given the recent history, what do you think of the advice that has
been given in earlier episodes?
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The advice to consider a cash ISA seemed well founded.
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If Brian had set up a stakeholder pension he could continue to contribute up to £3,600 pa gross to the plan and still be in his employer's occupational scheme, provided his earnings do not exceed £30,000 pa.
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Similarly, if had set up any Personal Pensions he could continue
to contribute up to £3,600 pa gross to the plan and still
be in his employer's occupational scheme, provided his earnings
do not exceed £30,000 pa.
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At this stage it could be that the advice given to Brian's mother,
Mavis, concerning Long Term Care is now becoming a matter for Brian
to consider.
What advice do you think would have been necessary following George
and Mildred's deaths?
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George's estate is exempt from Inheritance Tax, as the entire amount
has been passed to Mildred. In 'pure' planning terms they wasted
this exemption; it may have been possible to pass on assets before
their deaths.
Mildred's estate of £390,000 is liable to Inheritance Tax, as the
beneficiaries are not receiving an exempt transfer.
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Quick Succession Relief is not relevant as this applies only where
IHT had been charged on the first transfer.
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Under 2004/05 tax rates IHT due on the estate amounts to:
£390,00 less £263,000 (nil band)
£127,000 at 40%
£ 50,800
This is due within 6 months of death.
Now that they are married and with a baby on the way, Brian and Judith
have a lot to consider. What are their primary considerations?
i. Pension Provision for Brian and Judith
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Judith seems to have ceased to receive pensionable income in respect of the occupational scheme and should, therefore, review her position in respect of:
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Preserved benefits.
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When will she return to work (month or years)?
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Will she be able to rejoin her old employer's scheme?
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Does she intend to 'return to work' on a freelance basis thereby
generating self-employed earnings?
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Brian's Pension arrangements could be reviewed in respect of the
following:
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If the life cover provided is below the 4 x salary Revenue
limit he could consider AVCs as a life assurance vehicle (see
'protection' below).
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The family income/expenditure ratio indicates the likelihood
of some surplus which could be used to increase pension entitlement,
as Brian will possibly not achieve maximum benefits.
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Although his employers scheme is probably Contracted Out of
S2P Brian should check.
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If he wishes to take action to increase pension entitlement
the choice between AVCs, FSAVCs and personal/stakeholder pension
will depend on:
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Confidentiality (FSAVCs/stakeholder/personal pensions are
private).
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Tax relief (immediate through AVCs and the net pay system
as opposed to FSAVCs and the net premium system).
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Investment Risk Profile (FSAVCs/personal/stakeholder pensions
have wider choice - AVCs are controlled by scheme Trustees)
ii. Protection Needs
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Both need to consider the situation, which may occur on the death
of, either or both.
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Life cover for Judith would take account of her pregnancy and the
'complications' and special terms would probably be offered.
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The amount of life cover should take account of:
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The mortgage (and in whose name).
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Any other debts.
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The income that each would need in the event of the death of
the other.
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The length of time for which the income would be needed.
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Anticipated investment returns if the income is to be provided
from a capital sum (say 4%).
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Do they intend to increase their family?
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The possible impact of inflation.
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Would they be entitled to any State Benefits?
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The use of joint life policies, first or second death, should
relate to the need and in particular when a cash sum would be
needed. In certain cases single life on each could be preferable.
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Trusts could be used to add to the speed of payment in the
event of a claim and IHT efficiency.
What else could they discuss?
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