A modern approach to wills, administration
and estate planning (with precedents)
, by
Christopher Whitehouse
and
Lesley King
(1st edn,
Bristol, Jordans
, 2011)
I must confess that in view of its three-line, 11-word title, I
approached this new book with a mix of curiosity and trepidation.
What would, in fact, lie within?
The answer is, it seems to me, an extremely helpful reference
book on estate tax planning. I mean the authors no injustice by
summarising the content in this way, given that the book does
stretch beyond estate tax planning in certain respects, but estate
tax planning is the book’s primary focus – something that is
perhaps not made terribly clear by the book’s wordy title.
The authors are two well-known names in the realm of private
client work, and their extensive knowledge and technical
understanding of the subject matter is apparent throughout the 385
pages of this new title. They explain in the preface that their
original idea was to deal with common will drafting and estate
administration problems primarily through a series of precedents
accompanied by some commentary, but that as the latter grew the
structure of the book was reconsidered. The result is a happy
marriage of commentary and precedents, providing arguably the best
of both worlds. The book is divided into two parts, containing
three and seven chapters respectively. The first part provides a
general overview of the law governing wills and trusts and the
taxes that apply in this context; the second addresses specific
aspects of tax-efficient estate planning and estate
administration.
The first two chapters provide a concise and up-to-date overview
of the legal framework governing wills and trusts. Chapter 2
contains a particularly insightful analysis of powers of
advancement, appointment, resettlement, maintenance and
appropriation, and the fiscal consequences of each. The third
chapter sets the scene further by summarising the fundamentals of
inheritance, capital gains and income tax as they apply in the
private client context. The result is a 53-page chapter in which
technical concepts are explained clearly with appropriate
references to statutory provisions and case law, and illustrated by
15 illuminating examples. This is likely to be of great assistance
to many private client practitioners who come across the odd tax
problem now and again and simply have not had the time (leaving
aside inclination) to pick up and learn off by heart the most
recent edition of, say, Tiley & Collison’s UK Tax
Guide.
As indicated above, the remainder of the book addresses certain
specific tax planning issues. Chapter 4 considers the consequences
of the introduction of the transferable nil-rate band by the
Finance Act 2008 (and the announced freeze of the band at
GBP325,000 until 2014-15). Helpfully annexed is a table of nil-rate
bands dating back to 1914. Chapter 5 considers the requirements,
fiscal treatment and possible uses of immediate post-death
interests. Consideration is given in Chapter 6 to the various ways
in which provision can be made for one’s children. The chapter
analyses bereaved minor trusts, section 71D trusts and bare trusts,
comparing and contrasting the fiscal treatment of each and
providing useful drafting guidance; Her Majesty’s Revenue and
Customs (HMRC)’s own guidance is also reproduced in an appendix.
Chapter 7 considers when and how pilot trusts can be used as an
effective tax planning device and highlights certain pitfalls.
Chapter 8 explains how to make the most of instruments of variation
and disclaimer, and the reader is once again reminded of frequently
encountered pitfalls and problems. Finally, Chapter 9 contains
helpful guidance regarding tax-efficient administration of estates,
including tips on how to keep on the right side of HMRC, while
Chapter 10 concludes the book by explaining and analysing business
and agricultural property relief.
The book’s added value is that each chapter is supplemented by a
number of precedents, which are clearly drafted and cross-referred
to in the commentary. Some 44 precedents are included in total,
covering all the major topics addressed in the commentary. The busy
practitioner will therefore find helpful precedents ranging from an
appropriately brief memorandum of appropriation (Precedent 9.2) to
a full, 11-page, 15-clause will, accompanied by helpful ‘Drafting
hints’ (Precedent 1.1). Electronic copies of all the precedents are
supplied on the accompanying CD-ROM, which is easy and quick to
install. The precedents are intuitively arranged by chapter and
automatically open as Microsoft Word files, making it easy to save
a copy on one’s own computer and amend as necessary.
As the authors rightly point out in the preface, ‘For the
professional adviser, the position entering the second decade of
the 21st century is clouded with uncertainty’. This new title makes
a valiant effort to dispel such uncertainty, and is warmly
recommended.
Edward Hewitt is a barrister practising at 9 Stone Buildings,
Lincoln’s Inn, London