Asset Structuring - Ageing Relative

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Rose Chap

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Hey forum chums, I’m hoping to get some friendly advice so I’m more prepared for when I talk to the professionals.

I have an uncle of 65 who lives in rural Dorset, so quite some distance from me in Cambridgeshire. He’s never married, has no significant other, and no dependents. I am his only living relative in the UK. He’s a simple soul and lives a simple life almost exclusively in the village he was born in and is generally baffled by the modern world. A psychologist could go to town on the reasons behind all this, but that’s not the point of this post.

By dint of family hard work, dear uncle has inherited and owns outright three homes, one of which he lives in, the two others are rented out, and a few acres of land, rented to a local farmer. His estate is probably worth £1.25M+ at current prices. His outgoings are minimal and he lives comfortably but in no way extravagantly from his minimum wage job in a shop and the (low) rental income from his properties. He’s totally ok with this and has never wanted anything different.

He’s always been eccentric and fit as a fiddle which is fine, but as he gets older I’m getting increasingly concerned about how he’s unprepared for a) the sophistication of the modern scam artist, and b) the heavy hand of the state when it comes to inheritance tax or paying for ongoing medical treatment.

I’m wondering if there is a mechanism where his assets can be put in a trust, or transferred to a limited company for which he is the director, or something similar, which would put them beyond the reach of the day to day scammer while preserving his ability to draw an income or lump sum if he needed to.

He’ll be utterly terrified of seeking professional advice but I’ve said I’ll help him and accompany him to the meetings and do all the driving, as he doesn’t drive (and these experts will not be in the village where he lives).

The elephant in the room is that obviously I stand to benefit from his estate when he passes, but this is not my motivation. I would like to see his assets (which are the product of generations of family hard work) benefit another generation and if this isn’t me that’s honestly fine. The worst scenario is that his gentle ignorance of how the world works would see his assets removed from under him by the state or a conniving third party in a way that will leave him confused and humiliated.

Any ideas on how his assets could be structured to provide the protection needed?

Thanks in advance for all help and suggestions.


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Sounds to me you know what is required, if moving assets to a suitably controlled wrapper/ vehicle bear in mind capital gains and perhaps inheritance tax, a good tax accountant or lawyer should sort you out and advise on these matters.

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Hi,
With your Uncle now owning property, he will be a self employed Landlord and now, there will be financial matters to be dealt with.
I would have thought the best way forwards would be to get him a nice friendly Accountant, who can sort out the necessary financial and legal obligations, be a buffer zone for any possible scams, or dolly birds wanting to marry him, etc. etc. Also the accountantant would be a handy buffer zone for you to hide behind, especially if in future you may benefit from your Uncles estate.
How do you find a good Accountant? word of mouth generally, you say he works in a shop? Whom do they use for their financial matters. Perhaps you know someone in your area who has a good Accountant. No need for Uncle and Accountant to be close by in todays digital age.

Steve.
 
Just wondering why he shouldn’t pay inheritance tax and for on going medical treatment if he has the means to do so
 
Feck me I’m 65 next year and I’m SO far away from needing help, is there a problem with how the young chap is perceived?

To put things into perspective, I took us into the AWS cloud a couple of years ago and built (still build) solutions that scale out horizontally, sit behind elastic load balancers, run a back end RDS, automatically run o/s updates then terminate/spawn off a new instance - 100% uptime so far.
I’m also responsible for SO much more - including csr generation and private keys for ssl certs etc etc.

Unless the kid has problems there will be plenty of life in him yet.

65

Ha!!!
 
Feck me I’m 65 next year and I’m SO far away from needing help, is there a problem with how the young chap is perceived?

To put things into perspective, I took us into the AWS cloud a couple of years ago and built (still build) solutions that scale out horizontally, sit behind elastic load balancers, run a back end RDS, automatically run o/s updates then terminate/spawn off a new instance - 100% uptime so far.
I’m also responsible for SO much more - including csr generation and private keys for ssl certs etc etc.

Unless the kid has problems there will be plenty of life in him yet.

65

Ha!!!

Sounds a pretty sophisticated tool for avoiding IHT.
 
Do not allow a ‘professional’ to be the executor of any will, they will charge the estate an absolute blooming fortune.
I would totally agree with this in 90% of cases but if he has a multi million pound estate by the time of passing (possible), trust funds (possibly offshore for tax implications), a property portfolio and more, a professional qualified executor who is insured may help steer the correct course and keep you out of trouble with the authorities. The fees in % terms to the estate will be small and compared to the tax benefits such assistance may bring.

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He has a point though, you like hospitals to be well funded yes?
I doubt much of the £4.14 billion raised goes to the £116 billion cost of the NHS while foreign aid takes £13.4 billion though.

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This is not a simple case of an elderly person living in his own home and having modest savings, worrying about how to best leave his affairs in order.

To be honest I don't see how you can avoid getting professional advice in this matter.

For example, moving real estate properties e.g. to a company, a trust, or to you is potentially liable for SDLT and also for CGT.

What I would also say is that you should look at a pension fund - if he has one, or can set one up - if placed in trust, there's usually no tax liability to the beneficiary. And a pension fund can also own commercial (not residential) property. This will require SIPP, which has higher management costs but more flexibility, and - again- should be done via an IFA.
 
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Some very interesting points raised.......any professional advice you seek try to consult 3 different companies. It will give you a better understanding and allow you to make a better judgement in your decision.
 
If consulting an IFA, bear in mind some will try to steer you towards investing in products that they stand to make a substantial commission out of. A good friend of mine got out of the murky world of Financial Advice due to this dodgy practice, and switched me on to a more clear understanding of the rigged system.

I'd also be wary of holding large amounts of cash or cash/equity based SIPPs/ISAs in any one institution due to the bail-in laws created in 2013 . It's basically government authorized theft of individuals wealth to cover bad debts caused by risk taking banksters.

Sorry, but there are a lot of crooks in the world of finance.

IMHO, Income generating bricks and mortar and commodity producing land are going to be more valuable than stocks and shares going forward. Sounds like he (and you) are already in a pretty secure place.
 
I doubt much of the £4.14 billion raised goes to the £116 billion cost of the NHS while foreign aid takes £13.4 billion though.

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Is some better than none?
 
Is some better than none?
Would prefer my taxes to be used for the NHS than the Indian Space program or the Ethiopian Spice Girls..

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You could of course seek "Power of attorney" and operate from there, but beware that you not seen as " Manipulating His Funds" a newer ruling in recent years whereby you can earn a custodial sentence if proven that you manipulated with out the other person (uncle) knowing.. I'm in a similar boat myself, or rather the missus is.. and its the older brother that is causing all the grief, moving this and touching that - its causing no end of pain.. and the person that it belongs to isn't even dead yet!
 

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