Inheritance Tax Gifting & Tax Planning

If someone without capacity to manage their property and affairs has significant assets and all of their needs being well met, a Deputy or Attorney may consider Inheritance Tax Planning. This involves passing a portion of the person’s assets, often to the next generation, in such a way that inheritance tax liability might be reduced when that person dies. Our efficient Court of Protection lawyers are on hand to help you.

A Deputy or Attorney has limited authority to make small gifts. Anything of a more substantial nature will need authority from the Court of Protection by way of a specific Order.

Your application to the Court of Protection for authority to gift will involve a number of allied professionals. This may include independent financial advisers to look at forecasts for future income and expenditure, and medical practitioners who can assess health and life expectancy aspects.

Call our Court of Protection disputes team on 0330 100 1014 now to see how we can help you.

• Our Court of Protection team are nationally renowned for being experienced, professional and sympathetic
• We are appointed to the Office of the Public Guardian’s panel of court-approved deputies
• Our specialist lawyers can visit you and your family at home if this is more appropriate
• We will guide you through these complex processes, while being sensitive to your personal situation.

We have made successful gifting applications for clients who have assets far in excess of their needs.

The Court of Protection was able to approve their Deputy’s proposals for a significant gift to younger family members – passing the older person’s assets down to the next generation in a tax efficient way.