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A Guide to
PROTECTION
Planning
Protecting your family from financial hardship
Welcome




     A Guide to
     Protection Planning
     Welcome to our ‘Guide to Protection Planning’. Bad news can
     impact on any one of us at any time, in the form of an illness, or
     sudden death. We don’t like to think about it, but we do have
     to plan for it. So having the correct protection strategy in place
     will enable you to protect your family’s lifestyle if your income
     suddenly changes due to illness or your premature death. But
     choosing the right options can be difficult without obtaining
     professional advice to ensure you protect your family from
     financial hardship.
       This guide considers many of the different protection options
     and the structures into which you could transfer your assets,
     which could have lasting consequences for you and your family,
     and sets out why it is crucial that you make the correct choices.
     We can ensure that you find the right solutions to protect your
     assets and offer your family and business lasting benefits.
       Obtaining professional advice is essential to making an
     informed decision about the most suitable sum assured,
     premium, terms and payment provisions. We work with our
     clients to create tailored protection strategies that meet their
     financial goals and needs and we’re committed to ensuring that
     our clients enjoy the best financial planning service available.
       As part of our service we also take the time to understand our
     client’s unique needs and circumstances, so that we can provide
     them with the most suitable protection solutions in the most cost-
     effective way. If you would like to discuss the range of protection
     services we offer, please contact us for further information.




02                                                                         A Guide to PROTECTION Planning
CONTENTS




Contents
04     Life assurance
       Providing a financial safety net for    17   Financial protection
                                                    for you and your family
       your loved ones                              With the abundance of choice, we
                                                    can you make the right decisions?

06     Term assurance
       You can’t rely on always being there
                                               18   Making a will
       for those who depend on you                  Planning ahead can give you the
                                                    peace of mind that your loved ones

08     Whole-of-life
       assurance
                                                    can cope financially without you


       Providing financial protection
       with cover that lasts for the rest of   20   Wealth protection
                                                    Without proper tax planning,
       your life                                    could you end up leaving a huge
                                                    tax liability?

10     Income
       protection insurance
                                               22   Trust arrangements
       How would you pay the bills if               Do you have control over what
       you were sick or injured and                 happens to your estate, both
       couldn’t work?                               immediately after your death and for
                                                    generations to come?

12     Long-term care funding
       Keeping pace with the growing size
       of an ageing population                 26   Critical illness cover
                                                    Choosing the right cover can help
                                                    ease your financial pressures

16     Business protection
       Don’t overlook your most important
                                               28   Glossary
       assets, the people who drive your            A guide to the jargon of protection
       business




A Guide to PROTECTION Planning                                                                    03
A Guide to Protection Planning




Life assurance
Providing a financial safety net for your loved ones
Whether you’re looking to provide a         n   Starting a family                     The cheapest, simplest form of life
financial safety net for your loved ones,   n   Becoming a stay-at-home parent        assurance is term assurance. It is
moving house or a first time buyer          n   Having more children                  straightforward protection, there is no
looking to arrange your mortgage life       n   Moving to a bigger property           investment element and it pays out a
insurance - or simply wanting to add        n   Salary increases                      lump sum if you die within a specified
some cover to what you’ve already           n   Changing your job                     period. There are several types of
got - you’ll want to make sure you          n   Reaching retirement                   term assurance.
choose the right type of cover. That’s
why obtaining the right advice and          Relying on someone else to support you    The other type of protection available
knowing which products to choose –          Personal guarantee for business loans     is a whole-of-life assurance policy
including the most suitable sum                                                       designed to provide you with cover
assured, premium, terms and payment         Your life assurance premiums will         throughout your entire lifetime.
provisions – is essential.                  vary according to a number of             The policy only pays out once the
                                            different factors, including the sum      policyholder dies, providing the
Life assurance helps your dependants        assured and the length of your policy     policyholder’s dependants with a lump
to cope financially in the event of your    (its ‘term’), plus individual lifestyle   sum, usually tax-free. Depending on
premature death. When you take out          factors such as your age, occupation,     the individual policy, policyholders may
life assurance, you set the amount you      gender, state of health and whether       have to continue contributing right up
want the policy to pay out should you       or not you smoke.                         until they die, or they may be able to
die – this is called the ‘sum assured’.                                               stop paying in once they reach a stated
Even if you consider that currently         If you have a spouse, partner or          age, even though the cover continues
you have sufficient life assurance,         children, you should have sufficient      until they die.
you’ll probably need more later on          protection to pay off your mortgage
if your circumstances change. If you        and any other liabilities. After that,    Tax matters
don’t update your policy as key events      you may need life assurance to            Although the proceeds from a life
happen throughout your life, you may        replace at least some of your income.     assurance policy are tax-free, they could
risk being seriously under-insured.         How much money a family needs will        form part of your estate and become
                                            vary from household to household          liable to Inheritance Tax (IHT). The simple
As you reach different stages in            so, ultimately, it’s up to you to         way to avoid IHT on the proceeds is to
your life, the need for protection will     decide how much money you would           place your policy into an appropriate
inevitably change. These are typical        like to leave your family that would      trust, which enables any payout to be
events when you should review your life     enable them to maintain their current     made directly to your dependants. Certain
assurance requirements:                     standard of living.                       kinds of trust allow you to control what
                                                                                      happens to your payout after death and
Buying your first home with a partner       There are two basic types of life         this could speed up a payment. However,
Having other debts and dependants           assurance, ‘term’ and ‘whole-of-life’,    they cannot be used for life assurance
Getting married or entering into a          but within those categories there are     policies that are assigned to (earmarked
civil partnership                           different variations.                     for) your mortgage lender.



04                                                                                       A Guide to PROTECTION Planning
A Guide to Protection Planning




Generally speaking, the amount of               n  hat are your family expenses and
                                                  W                                                Life assurance
life assurance you may need should                how would they change if you died?
                                                                                                   helps your
provide a lump sum that is sufficient to        n  ow much would the family
                                                  H
remove the burden of any debts and,               expenditure increase on requirements
                                                                                            dependants to cope
ideally, leave enough over to invest in           such as childcare if you were to die?     financially in the event
order to provide an income to support           n  ow much would your family income
                                                  H                                         of your premature
your dependants for the required                  drop if you were to die?
                                                                                            death. When you take
period of time.                                 n  ow much cover do you receive from
                                                  H
                                                  your employer or company pension
                                                                                            out life assurance, you
The first consideration is to clarify what        scheme and for how long?                  set the amount you
you want the life assurance to protect. If      n  hat existing policies do you have
                                                  W                                         want the policy to pay
you simply want to cover your mortgage,           already and how far do they go to
                                                                                            out should you die –
then an amount equal to the outstanding           meeting your needs?
mortgage debt can achieve that.                 n  ow long would your existing savings
                                                  H
                                                                                            this is called the
                                                  last?                                     ‘sum assured’.
However, if you want to prevent                 n  hat state benefits are there that
                                                  W
your family from being financially                could provide extra support to meet
disadvantaged by your premature death             your family’s needs?
and provide enough financial support to         n  ow would the return of inflation to
                                                  H
maintain their current lifestyle, there are a     the economy affect the amount of
few more variables you should consider.           your cover over time?




A Guide to PROTECTION Planning                                                                                         05
A Guide to Protection Planning




Term assurance
You can’t rely on always being there for those who depend on you
It’s essential to have the right sort of                                                    Increasing term - the potential payout
life assurance in place. You can’t rely               Term assurance                        increases by a small amount each year.
on always being there for those who                   provides cover for a                  This can be a useful way of protecting
depend on you. There are various ways                                                       your initial sum assured during periods
                                                fixed term, with the sum
of providing for your family in the event                                                   of rising inflation.
of your premature death, but term
                                                assured payable only on
assurance policies are the simplest             death. You can choose how                   Index-linked term - some insurers
and cheapest form of cover. The plans           long you’re covered for, for                provide you with the option for the
have no cash-in value or payments                                                           premium to be increased each year in
                                                example, 10, 15 or
on survival as their design is limited                                                      relation to the Retail Price Index.
to protecting your family. However,
                                                20 years (the term).
you could also use term assurance in                                                        Convertible term - you have the option
relation to estate planning and for the                                                     to convert in the future to another
payment of mortgages or other debts.            amount whether you died on the first        type of life assurance, such as a ‘whole
                                                day after taking the policy out or the      of life’ or endowment policy, without
Term assurance provides cover for               day before it expired. This tends to be     having to submit any further medical
a fixed term, with the sum assured              used in conjunction with an interest-       evidence. This conversion option
payable only on death. You can choose           only mortgage, where the debt has           allows you to adapt your plan if your
how long you’re covered for, for                to be paid off only on the last day of      circumstances change. You can convert
example, 10, 15 or 20 years (the term).         the mortgage term. With level term          (usually within certain limits) part or all
Premiums are based primarily on the             assurance, premiums are fixed for the       of your life assurance cover at any time
age and health of the life assured, the         duration of the term and a payment          during the term. And, importantly, you
sum assured and the policy term. The            will be made only if a death occurs         won’t be asked any health questions at
older the life assured or the longer the        during the period of cover. A level term    the date of conversion.
policy term, the higher the premium             assurance policy is taken out for a fixed
will generally be.                              term. This type of term assurance policy    If the level of cover you selected at
                                                can also be useful for providing security   the start remains the same, then the
Term assurance policies can be written          to dependants up to a certain age.          premiums will too. If you survive the
on a single life, joint life (first or second                                               policy term without any conversion of
death) or on a life-of-another basis.           Decreasing term - the cash payout           the plan, there will be no pay out. As
You must have a financial interest in           reduces by a fixed amount each year,        this type of policy provides cover only
the person that you are insuring when           ending up at zero by the end of the         in the event of death (plus the option
taking out any life-of-another policy           term. Because the level of cover falls      to convert), there is no surrender value.
and the provider may require proof of           during the term, your premiums on this      So if you stop paying the premiums
this before cover is given.                     type of policy are lower than on level      at any time, your cover would cease
                                                policies. This cover is often bought to     immediately and you would not receive
There are several types of term assurance:      run alongside repayment mortgages,          any money back.
                                                where the debt reduces during the
Level term - this offers the same payout        mortgage term.This type of term             Renewable term - some term
throughout the life of the policy, so your      assurance is less expensive than level      assurances are ‘renewable’ in that,
dependants would receive the same               term assurance.                             on the expiry date, there is an option




06                                                                                             A Guide to PROTECTION Planning
A Guide to Protection Planning




for you to take out a further term
assurance at ordinary rates without
providing evidence of your health
status, as long as the expiry date is
not beyond a set age, often 65. Each
subsequent policy will have the same
option, provided the expiry date is not
beyond the limit set by the life office.


Family income benefit - instead of
paying a lump sum, this offers your
dependants a regular income from the
date of your premature death until the
end of the policy term. This is one of
the least expensive forms of cover and
differs from most other types in that
it is designed to pay the benefit as an
income rather than a lump sum. In the
event of a claim, income can be paid
monthly, quarterly or annually and under
current rules the income is tax-free. To
ensure that income payments keep pace
with inflation, you can usually have them
increased as inflation rises. It’s also
possible to take a cash sum instead of
the income option upon death.


Family income benefit can also include
critical illness cover, which is designed
to pay the selected income if you are
diagnosed with a critical illness within
the chosen term. It is a fixed term
and you won’t be able to increase
your cover or extend the term. If you
become ill towards the end of the term
(duration of your policy), you might not
be able to obtain further cover.




A Guide to PROTECTION Planning                                          07
A Guide to Protection Planning




Whole-of-life
assurance
Providing financial protection with cover that lasts for the rest of your life
Whole-of-life assurance policies provide                                                  If the review reveals that the same level
financial security for people who depend
                                                    There are different                   of protection can’t continue, you’ll have
on you financially. As the name suggests,           types of whole-of-life                two choices:
whole-of-life assurance helps you protect     assurance policy – some
your loved ones financially with cover that                                               n ncrease your payments
                                                                                            I
                                              offer a set payout from the
lasts for the rest of your life. This means                                               n  eep your payments the same and
                                                                                            K
the insurance company will have to pay
                                              outset, others are linked                     reduce your level of protection
out in almost every case and premiums         to investments, and the
are therefore higher than those charged       payout will depend on                       Maximum cover
on term assurance policies.                                                               Maximum cover offers a high initial
                                              performance. Investment-
                                                                                          level of cover for a lower premium,
There are different types of whole-of-
                                              linked policies are either                  until the first plan review, which is
life assurance policy – some offer a set      unit-linked policies, linked                normally after ten years. The low
payout from the outset, others are linked     to funds, or with-profits                   premium is achieved because very
to investments, and the payout will                                                       little of your premium is kept back for
                                              policies, which
depend on performance. Investment-                                                        investment, as most of it is used to pay
linked policies are either unit-linked
                                              offer bonuses.                              for the life assurance.
policies, linked to funds, or with-profits
policies, which offer bonuses.                you cancel the policy and cash it in, you   After a review you may have to increase
                                              will lose your cover. Where there is an     your premiums significantly to keep
Whole-of-life assurance policies pay a        investment element, your premiums are       the same level of cover, as this depends
lump sum to your estate when you die.         usually reviewed after ten years and        on how well the cash in the investment
This could be used by your family in          then every five years.                      reserve (underlying fund) has performed.
whatever way suits them best, such as
providing for an inheritance, paying for      Whole-of-life assurance policies are also   Standard cover
funeral costs and even forming part of        available without an investment element     This cover balances the level of life
an Inheritance Tax planning strategy.         and with guaranteed or investment-          assurance with adequate investment
                                              linked premiums from some providers.        to support the policy in later years.
Some whole-of-life assurance policies                                                     This maintains the original premium
require that premiums are paid all the        Reviews                                     throughout the life of the policy.
way up to your death. Others become           The level of protection selected will
paid-up at a certain age and waive            normally be guaranteed for the first ten    However, it relies on the value of units
premiums from that point onwards.             years, at which point it will be reviewed   invested in the underlying fund growing
                                              to see how much protection can be           at a certain level each year. Increased
Whole-of-life assurance policies can          provided in the future. If the review       charges or poor performance of the
seem attractive because most (but not         shows that the same level of protection     fund could mean you’ll have to increase
all) have an investment element and           can be carried on, it will be guaranteed    your monthly premium to keep the
therefore a surrender value. If, however,     to the next review date.                    same level of cover.



08                                                                                           A Guide to PROTECTION Planning
A Guide to Protection Planning




A Guide to PROTECTION Planning                               09
A Guide to Protection Planning




Income
protection insurance
How would you pay the bills if you were sick or injured and couldn’t work?

Protecting your income should be               Income protection insurance aims to           own job; however, being covered under
taken very seriously, given the limited        put you back to the position you were in      ‘Any Occupation’ means that you have
government support available. How              before you were unable to work. It does       to be unable to perform any job, with
would you pay the bills if you were sick       not allow you to make a profit out of your    equivalent earnings to the job you were
or injured and couldn’t work? Income           misfortune. So the maximum amount of          doing before not taken into account.
protection insurance, formerly known as        income you can replace through insurance
‘permanent health insurance’, is a financial   is broadly the after-tax earnings you have    You can also usually choose for your
safety net designed to help protect you,       lost, less an adjustment for state benefits   cover to remain the same (level
your family and your lifestyle in the event    you can claim. This is usually translated     cover) or increase in line with inflation
that you cannot work and cope financially      into a maximum of 50 per cent to 65 per       (inflation-linked cover):
due to an illness or accidental injury         cent of your before-tax earnings.
preventing you from working.                                                                 Level cover - with this cover, if you made
                                               If you are self-employed, then no work is     a claim the monthly income would be
Without a regular income, you may find         also likely to mean no income. However,       fixed at the start of your plan and does
it a struggle financially, even if you were    depending on what you do, you may             not change in the future. You should
ill for only a short period, and you could     have income coming in from earlier            remember that this means, if inflation
end up using your savings to pay the           work, even if you are ill for several         eventually starts to rise, that the
bills. In the event that you suffered from     months. The self-employed can take out        buying power of your monthly income
a serious illness, medical condition or        individual policies rather than business      payments may be reduced over time.
accident, you could even find that you         ones, but you need to ascertain on what
are never able to return to work. Few of       basis the insurer will pay out. A typical     Inflation-linked cover - with this cover,
us could cope financially if we were off       basis for payment is your pre-tax share       if you made a claim the monthly income
work for more than six to nine months.         of the gross profit, after deduction          would go up in line with the Retail Prices
Income protection insurance provides a         of trading expenses, in the 12 months         Index (RPI).
tax-free monthly income for as long as         immediately prior to the date of your
required, up to retirement age, should         incapacity. Some policies operate an          When you take out cover, you usually
you be unable to work due to long-term         average over the last three years, as         have the choice of:
sickness or injury.                            they understand that self-employed
                                               people often have a fluctuating income.       Guaranteed premiums - the premiums
By law, your employer must pay most            The cost of your cover will depend on         remain the same all the way throughout
employees statutory sick pay for up to         your gender, occupation, age, state of        the term of your plan. If you have
28 weeks. This will almost certainly be        health and whether or not you smoke.          chosen inflation-linked cover, your
a lot less than your full earnings. Few                                                      premiums and cover will automatically
employers pay for longer periods. If you       The ‘occupation class’ is used by insurers    go up each year in line with RPI.
find yourself in a situation where you are     to decide whether a policyholder is able
unable to return to work, your employer        to return to work. If a policy will pay       Reviewable premiums - this means
could even stop paying you altogether          out only if a policyholder is unable to       the premiums you pay can increase or
and terminate your employment. After           work in ‘any occupation’, it might not        decrease in the future. The premiums
that, you would probably have to rely on       pay benefits for long – or indeed at all.     will not typically increase or decrease for
state benefits. Some employers arrange         The most comprehensive definitions are        the first five years of your plan but they
group income protection insurance for          ‘Own Occupation’ or ‘Suited Occupation’.      may do so at any time after that. If your
their employees, which can pay out an          ‘Own Occupation’ means you can make           premiums do go up, or down, they will
income after the statutory sick period.        a claim if you are unable to perform your     not change again for the next 12 months.



10                                                                                              A Guide to PROTECTION Planning
A Guide to Protection Planning




How long you have to wait after making
a claim will depend on the waiting
period. You can usually choose from
between 1, 2, 3, 6, 12 or 24 months. The
longer the waiting period you choose,
the lower the premium for your cover
will be, but you’ll have to wait longer
after you become unable to work before
the payments from the policy are paid
to you. Premiums must be paid for the
entire term of the plan, including the
waiting period.


Depending on your circumstances, it
is possible that the payments from the
plan may affect any state benefits due to
you. This will depend on your individual
situation and what state benefits you are
claiming or intending to claim. If you are
unsure whether any state benefits you
are receiving will be affected, you should
seek professional advice.


      Income protection
      insurance aims
to put you back to the
position you were in
before you were unable
to work. It does not allow
you to make a profit out
of your misfortune. So
the maximum amount of
income you can replace
through insurance is
broadly the after-tax
earnings you have lost, less
an adjustment for state
benefits you can claim. This
is usually translated into a
maximum of 50 per cent
to 65 per cent of your
before-tax earnings.


A Guide to PROTECTION Planning                                           11
A Guide to Protection Planning




Long-term
care funding
Keeping pace with the growing size of an ageing population
The funding of long-term care remains           n  ll those who enter adulthood with
                                                  A                                            care costs or to take a charge against a
one of the biggest public policy                  a care and support need should               property to be repaid on the eventual sale
challenges facing the government. As the          be eligible for free state support           of the home. This could result in very little
baby-boomer generation grows older, it            immediately rather than being                being left for the surviving family.
is estimated that spending on social care         subjected to a means test.
needs to double in real terms over the                                                         More often than not, it is the elderly
next twenty years just to keep pace with        We may not like to think about it, but a       who require care over the longer term
the growing size of the ageing population.      growing number of us will need long-           and it is typically occasioned by either
                                                term care when we’re older. If you’ve got      increasing frailty due to ageing or the
In July 2010, the Commission on Funding         elderly parents you may need to pay all or     chronic aftermath of acute conditions,
of Care and Support was set up by the           part of their care costs. The time when an     such as a stroke or a fall. Long-term care
coalition to review the funding system of       elderly person needs to go into residential    provision may be required if you become
care and support in England. Chaired by         care is often a huge strain on family          ill or suffer a disability that makes you
Andrew Dilnot, it presented its findings to     members. Illness or infirmity may have         unable to carry out your usual activities of
the government in its report ‘Fairer Care       forced a sudden change in circumstances        daily living, with the probability that this
Funding’, published on 4 July 2011.             and time may be short.                         disability will continue over a long period.


Among the recommendations in the                Long-term care is care you need for the        Long-term care may also be required if
report are:                                     foreseeable future, maybe as a result of       a person is mentally impaired. The most
                                                an illness or old age. As you get older, you   common form of impairment for elderly
n ndividuals’ lifetime contributions
  I                                             might develop health problems that could       people is dementia, and a common form
  towards their social care costs – which       make it difficult to cope with everyday        of dementia is Alzheimer’s disease. A
  are currently potentially unlimited –         tasks. So you may require help to stay in      person suffering from dementia will need
  should be capped. After the cap is            your own home or have to move into a           personal supervision and assistance to
  reached, individuals would be eligible        care home.                                     carry out their normal daily activities.
  for full state support for care costs.
  This cap should be between £25,000            Many elderly may be faced with the             The state may provide some help towards
  and £50,000. We consider that                 decision of having to sell their homes to      the costs of this care, depending on your
  £35,000 is the most appropriate and           pay for care and in many cases it may          circumstances. There are other ways to
  fair figure.                                  even come down to where they live, a           help you cover the cost of care, including
n  he means-tested threshold, above
  T                                             postcode, with some elderly receiving          using savings and investments.
  which people are liable for their full        better support from their local council
  care costs, should be increased from          than others.                                   The care required can take many forms,
  £23,250 to £100,000.                                                                         from simple domestic assistance to
n  ational eligibility criteria and portable
  N                                             Under the Community Care Act 1990,             medical interventions, and may be
  assessments should be introduced to           local councils have the right, by law, to      provided in a care home or in the person’s
  ensure greater consistency.                   force the sale of a family home to pay for     own home. Many people would have



12                                                                                                A Guide to PROTECTION Planning
A Guide to Protection Planning




A Guide to PROTECTION Planning                               13
A Guide to Protection Planning




hoped the National Health Service (NHS)           powers that local authorities have to           Contribution, paid in England. This is
would look after them. But the NHS no             include in the means testing assessment         paid direct to the home and offsets the
longer covers all the costs associated            assets that they consider have been             cost of your care.
with the care of incurable conditions in          subject to ‘deliberate deprivation’. This
old age. Instead you may be forced to             occurs when a resident transfers an asset       In Scotland, those who need nursing care
buy ‘insurance’ to pay out if nursing or          out of their possession in order to achieve     will also be paid a contribution towards
residential care at a later stage is needed.      a better position that enables them to          personal care costs. However, they do not
                                                  obtain assistance.                              claim Attendance Allowance as well. Many in
Since the Community Care Act, that task                                                           Scotland still have to contribute substantial
has been transferred to local councils.           The home should be disregarded if the           sums towards long-term care costs.
The NHS will only provide and/or pay for          care needs are classed as ‘temporary’. If
the Nursing Care Service Component of a           the value of your assets, excluding your        Many families may still have to pay the
person’s long-term care service needs. All        property, is less than £23,250, you should      majority of the care costs. There are
other costs and services associated with          not have to pay for care for the first 12       a variety of options to consider, and
long-term care are the care recipient’s           weeks. Even if your assets are more than        professional advice should always be
responsibility unless they qualify for local      this initially but are then used up paying      taken to evaluate which best suits your
authority assistance. Although in Scotland        care home fees, you should be able to           circumstances. The main options are:
from July 2002 Free Personal Care has             apply for this 12-week disregard once they
been available.                                   drop below the £23,250 limit.                   A deferred option scheme - if your other
                                                                                                  assets are below the means test limit, you
Anyone currently with assets of more              It is important not to fall into the trap of    can ask the local authority to pay care
than £23,250 for the financial year 2011/12       simply giving your home away to your            costs and they will place a charge on your
(in England) will be expected to pay for          children. The local authority has the           property to be paid on your death. This
their care needs. In most cases, the value        right to obtain assets that have been           potentially allows your estate to benefit from
of any property owned will be included            deliberately disposed of to avoid paying        future property price rises, although in the
within this sum.                                  fees. However, the ‘tenants-in-common’          current climate this may not be so relevant.
                                                  ownership does not fall under these rules
However, there are certain circumstances          because the gift is made only on death.         A care fees annuity - from the proceeds
in which the home is excluded. And those                                                          of the sale of the home, you can buy
with the foresight to plan in advance may         If your care needs are overwhelmingly           an annuity to provide a guaranteed
want to make sure they can take advantage         medical and are deemed ‘complex and             income. This means that the price of care
of this, particularly if their remaining assets   unstable’, you may qualify for NHS-funded       is capped and protects the remaining
are less than the £23,250 limit.                  ‘Continuing Care’, which means all bills        capital. But for the relatives of those who
                                                  are met in full, including residential costs.   die shortly after going into care, it could
A property will automatically be ignored if       However, the strict eligibility criteria mean   prove a more costly option.
a surviving spouse or partner lives there.        that few people qualify, and even those
This rule extends to other relatives aged         who do are reassessed regularly.                Investment options - many people
60 or over who live in the property. So if                                                        choose to sell the home and invest the
a daughter, niece or brother has moved            If their condition stabilises, their care       proceeds, using the income generated
in as a carer, this could help reduce future      costs will revert to local authority control,   to help pay care fees. Alternatively, the
care costs. More importantly, many                which means patients will be assessed           property may be rented, with the rental
couples don’t realise that they may be            for their ability to pay. But if a relative’s   income going towards care. But this
able to take the home out of the care             condition worsens, you can ask for them         means that the family has to maintain
equation altogether by altering the way in        to be reassessed for continuing care. If        and manage the property.
which it is owned.                                you feel that a relative has been wrongly
                                                  assessed, you can also appeal to your           Trusts
Most couples buying a property do so              local social services.                          You and your spouse or civil partner
as ‘joint tenants’. This ensures that on                                                          should each make a provision in your
the death of either party their share is          Even those who have to pay their                wills ensuring that, upon the first death,
automatically transferred to the other. If        own care costs should ensure they               the deceased’s half of the property is
this is done, and half the home is passed         receive the correct benefits. The main          placed in trust for your children or other
on to the children on the death of the            one is Attendance Allowance. It is              beneficiaries instead of passing directly to
first spouse or placed into a trust on their      not means-tested and pays a weekly              the survivor.
behalf, then it is possible that the whole        tax-free amount, depending on your
home may be disregarded at a later stage          level of need. If you are receiving care        A trust keeps any designated property
if the surviving spouse needs nursing care.       in a nursing home, you should also be           owned by the deceased away from
However, you need to understand the               eligible for the Registered Nursing Care        the council’s reach. At the same time


14                                                                                                   A Guide to PROTECTION Planning
A Guide to Protection Planning




it allows the surviving spouse or civil
partner to continue benefiting from the               We may not like to think about it, but a growing
assets, which may include the family                  number of us will need long-term care when
home. On the death of the remaining             we’re older. If you’ve got elderly parents you may
member of the couple, the assets owned
                                                need to pay all or part of their care costs. The time
by the trust, together with whatever is
left of the assets of the second spouse         when an elderly person needs to go into residential
or civil partner, can be given to the           care is often a huge strain on family members. Illness
surviving family.                               or infirmity may have forced a sudden change
                                                in circumstances and time may be short.
The majority of people own their homes
jointly, which means that, on first death,
the survivor would then own 100 per
cent of the full property value. By
changing the way you own your home to
what is known as ‘tenants-in-common’,
combined with the appropriate trust
planning, this could effectively ensure
that your property is fully protected
should either of you enter into care.
In addition, by changing the way your
assets are invested and held, this could
ensure that your cash or liquid assets
are fully protected from future long-
term care costs.


A gift-and-loan trust can be used to fund
long-term care, with the added benefit of
reducing Inheritance Tax on your estate.
You place a small amount, such as £1,000,
in trust and then lend a large sum, such as
£100,000, to the trustees.


You may not benefit from the trust by
law but you can have the loan repaid,
typically at 5 per cent annually, which
can then be used to pay for care fees.
The trustees can invest the capital, and
the aim is that it grows in value outside
of your estate.


Equity release
Even with recent falls in property prices,
many elderly people may have significant
equity in their homes. Equity-release
schemes are loans against the value of
their home, with interest deferred until
the property is sold, normally on death.


Most lifetime mortgage schemes allow
you to borrow between 20 per cent and
45 per cent of the property’s value. Unlike
selling the property to raise funds for
care-home fees, you will still benefit if the
housing market gains value and you can
also keep your house.




A Guide to PROTECTION Planning                                                                            15
A Guide to Protection Planning




Business protection
Don’t overlook your most important assets,
the people who drive your business
Every business has key people who              If a shareholding director or partner were    a ‘cross-option’ agreement or a ‘double
are driving it forward. Many businesses        to die, the implications for your business    option’ agreement.
recognise the need to insure their             could be very serious indeed. Not only
company property, equipment and fixed          would you lose their experience and           These are essential areas for partnerships
assets. However, they continually overlook     expertise, but consider, too, what might      or directors of private limited companies
their most important assets, the people        happen to their shares.                       to explore.
who drive the business – a key employee,
director or shareholder.                       The shares might pass to someone who          Different forms of protection
                                               has no knowledge or interest in your
Key person insurance is designed to            business. Or you may discover that you        Key person insurance - compensates your
compensate a business for the financial        can’t afford to buy the shareholding. It’s    business up to a pre-agreed limit for the
loss brought about by the death or             even possible that the person to whom the     loss or unavoidable absence of crucial
critical illness of a key employee, such       shares are passed then becomes a majority     personnel, including the owner-manager.
as a company director. It can provide a        shareholder and so is in a position to sell   It is especially appropriate if your business
valuable cash injection to the business to     the company.                                  depends on a few employees.
aid a potential loss of turnover and provide
funds to replace the key person.               The shareholding directors or partners        Critical illness cover - pays a sum of money
                                               in a business enter into an agreement         to specific employees or the business
Share and partnership protection               that does not create a legally binding        owner in the event of a serious illness, such
provides an agreement between                  obligation on either party to buy or sell     as a heart attack or stroke.
shareholding directors or partners in a        the shares but rather gives both parties
business, supported by life assurance          an option to buy or sell, i.e. the survivor   Income protection insurance - protects
to ensure that there are sufficient            has the option to buy the shares of the       individuals by paying their salaries while
funds for the survivor to purchase the         deceased shareholder and the executors of     they’re unable to work.
shares. It is designed to ensure that the      the deceased shareholder have the option
control of the business is retained by         to sell those shares.                         Private health insurance - funds private
the remaining partners or directors but                                                      healthcare for specific employees. As well
the value of the deceased’s interest in        In either case it is the exercise of the      as being an extra benefit of employment,
the business is passed to their chosen         option that creates a binding contract;       it could help them to return to work more
beneficiaries in the most tax-efficient        there is no binding contract beforehand.      quickly after an illness by paying for
manner possible.                               This type of agreement is generally called    rehabilitation treatment.




16                                                                                              A Guide to PROTECTION Planning
A Guide to Protection Planning




Financial protection
for you and your family
With the abundance of choice, we can help you make the right decisions
With so many different protection options available, making       We can make sure that you are able to take the right
the right decision to protect your personal and financial         decisions to deliver peace of mind for you and your family in
situation can seem overwhelming. There is a plethora of           the event of death, if you are too ill to work, require care or if
protection solutions which could help ensure that a lump          you are diagnosed with a critical illness.
sum, or a replacement income, becomes available to you in
the event that it is needed.



Protecting your financial plan
 Whole-of-life 	Provides a guaranteed lump sum paid to your estate in the event of your premature
                                    death. To avoid Inheritance Tax and probate delays, policies should be set up under
                                    an appropriate trust.

 Level term	Provides a lump sum for your beneficiaries in the event of your death over
                                    a specified term. You choose the sum insured and the policy term which is
                                    guaranteed at the outset and remains unchanged throughout the term.

 Family income benefit	
                        Provides a replacement income for beneficiaries on your premature death. In the
                                    event of a claim, income can be paid monthly, quarterly or annually and under
                                    current rules the income is tax-free.

 Decreasing term		Provides a lump sum in the event of your premature death to cover a reducing
                                    liability for a fixed period, such as a repayment mortgage.

 Critical illness 		Provides a tax-free lump sum if you are diagnosed with suffering from one of a number
                                    of specified ‘critical’ illnesses during the term. Some life assurance companies offer to
                                    cover you for both death and critical illness and will pay out the guaranteed benefit on
                                    the first event to occur.

 Income Protection 	Insurance that provides a percentage of your lost income caused by an illness,
                                    accident or disability. Rates vary according to the dangers associated with your
                                    occupation, age, state of health and gender.

 Long-term care 		                  I
                                    nsurance to cover the costs of care. This can be either immediate care, provided
                                    when you actually need care, or pre-funded care, which is provided in advance in
                                    case you need care in the future.


All these protection options also apply to your spouse and to those who are in civil partnerships.

Choosing the right mix of financial protection for your particular situation is essential to ensure that your specific
requirements are fully covered.


A Guide to PROTECTION Planning                                                                                                     17
A Guide to Protection Planning




Making a will
Planning ahead can give you the peace of mind that your loved
ones can cope financially without you
No one likes to think about it but death is    n f you’re divorced, you can decide whether
                                                 i                                               If you’re married or
the one certainty that we all face. Planning     to leave anything to your former partner        in a civil partnership
ahead can give you the peace of mind           n  ou can make sure you don’t pay more
                                                 y                                               and there are no children
that your loved ones can cope financially        Inheritance Tax than necessary                  The husband, wife or civil partner won’t
without you and, at a difficult time, helps                                                      automatically get everything, although
remove the stress that monetary worries        Before you write your will, it’s a good idea      they will receive:
can bring.                                     to think about what you want included in
                                               it. You should consider:                          n  ersonal items, such as household
                                                                                                   p
Planning your finances in advance should                                                           articles and cars, but nothing used for
help you to ensure that, when you die,         n  ow much money and what property
                                                 h                                                 business purposes
everything you own goes where you                and possessions you have                        n  400,000 (£200,000) free of tax – or
                                                                                                   £
want it to. Making a will is the first step    n  ho you want to benefit from your will
                                                 w                                                 the whole estate if it was less than
in ensuring that your estate is shared out     n  ho should look after any children
                                                 w                                                 £400,000 (£200,000)
exactly as you want it to be.                    under 18 years of age                           n  alf of the rest of the estate
                                                                                                   h
                                               n  ho is going to sort out your estate and
                                                 w
If you don’t make a will, there are rules        carry out your wishes after your death          The other half of the rest of the estate will
for sharing out your estate called the           (your executor)                                 be shared by the following:
Law of Intestacy, which could mean
your money going to family members             Passing on your estate                            SUrviving parents
who may not need it, or your unmarried         An executor is the person responsible for         n f there are no surviving parents, any
                                                                                                   i
partner or a partner with whom you             passing on your estate. You can appoint an          brothers and sisters (who shared the
are not in a civil partnership receiving       executor by naming them in your will. The           same two parents as the deceased)
nothing at all.                                courts can also appoint other people to be          will get a share (or their children if
                                               responsible for doing this job.                     they died while the deceased was
If you leave everything to your spouse or                                                          still alive)
civil partner there’ll be no Inheritance Tax   Once you’ve made your will, it is important       n f the deceased has none of the above,
                                                                                                   i
to pay, because they are classed as an         to keep it in a safe place and tell your            the husband, wife or registered civil
exempt beneficiary. Or you may decide to       executor, close friend or relative where it is.     partner will get everything
use your tax-free allowance to give some
of your estate to someone else or to a         It is advisable to review your will every five    If you’re married or in
family trust. Scottish law on inheritance      years and after any major change in your          a civil partnership and
differs from English law.                      life, such as getting separated, married          there were children
                                               or divorced, having a child or moving             Your husband, wife or civil partner won’t
Good reasons to make a will                    house. Any change must be by ‘codicil’ (an        automatically get everything, although
A will sets out who is to benefit from your    addition, amendment or supplement to a            they will receive:
property and possessions (your estate)         will) or by making a new will.
after your death. There are many good                                                            n  ersonal items, such as household
                                                                                                   p
reasons to make a will:                        If you don’t have a will there are                  articles and cars, but nothing used for
                                               rules for deciding who inherits your                business purposes
n  ou can decide how your assets are
  y                                            assets, depending on your personal                n  250,000 (£125,000) free of tax, or the
                                                                                                   £
  shared – if you don’t have a will, the law   circumstances. The following rules are for          whole of the estate if it was less than
  says who gets what                           deaths on or after 1 July 2009 in England           £250,000 (£125,000)
n f you’re an unmarried couple
  i                                            and Wales; the law differs if you die             n  life interest in half of the rest of the
                                                                                                   a
  (whether or not it’s a same-sex              intestate (without a will) in Scotland or           estate (on his or her death this will pass
  relationship), you can make sure your        Northern Ireland. The rates that applied            to the children)
  partner is provided for                      before that date are shown in brackets.



18                                                                                                  A Guide to PROTECTION Planning
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The rest of the estate will be shared by       n if there are no brothers or sisters, then
                                                                                              If you feel that you have not received
the children.                                    to half brothers or sisters (or to their      reasonable financial provision from
                                                 children if they died while the deceased      the estate, you may be able to make a
If you are partners but                          was still alive)                              claim under the Inheritance (Provision
aren’t married or in a                         n if none of the above, then to
                                                                                              for Family and Dependants) Act 1975,
civil partnership                                grandparents (equally if more than one)       applicable in England and Wales. To
If you aren’t married or registered civil      n f there are no grandparents, then to aunts
                                                 i                                             make a claim you must have a particular
partners, you won’t automatically get a          and uncles (or their children if they died    type of relationship with the deceased,
share of your partner’s estate if they die       while the deceased was still alive)           such as child, spouse, civil partner,
without making a will.                         n if none of the above, then to half uncles
                                                                                              dependant or cohabitee.
                                                 or aunts (or their children if they died
If they haven’t provided for you in some         while the deceased was still alive)           Bear in mind that if you were living
other way, your only option is to make a       n to the Crown if there are none of
                                                                                              with the deceased as a partner but
claim under the Inheritance (Provision for       the above                                     weren’t married or in a civil partnership,
Family and Dependants) Act 1975.                                                               you’ll need to show that you’ve been
                                               It’ll take longer to sort out your affairs if   ‘maintained either wholly or partly by the
If there is no surviving                       you don’t have a will. This could mean          deceased.’ This can be difficult to prove
spouse/civil partner                           extra distress for your relatives and           if you’ve both contributed to your life
The estate is distributed as follows:          dependants until they can draw money            together. You need to make a claim within
                                               from your estate.                               six months of the date of the Grant of
n  o surviving children in equal shares (or
  t                                                                                            Letters of Administration.
  to their children if they died while the
  deceased was still alive)
n f there are no children, to parents
  i
  (equally, if both alive)
n f there are no surviving parents, to
  i
  brothers and sisters (who shared the
  same two parents as the deceased), or
  to their children if they died while the
  deceased was still alive




A Guide to PROTECTION Planning                                                                                                         19
A Guide to Protection Planning




Wealth protection
Without proper tax planning, could you end up leaving a huge tax liability?
In order to protect family and loved ones,        and assets held in some trusts from which      exempt from Inheritance Tax whether
it is essential to have provisions in place       you receive an income.                         they were made while both partners
after you’re gone. The easiest way to                                                            were still alive or left to the survivor on
prevent unnecessary tax payments such as          Against this total value is set everything     the death of the first. Tax will be due
Inheritance Tax is to organise your tax affairs   that you owed, such as any outstanding         eventually when the surviving spouse
by obtaining professional advice and having       mortgages or loans, unpaid bills and costs     or civil partner dies if the value of their
a valid will in place to ensure that your         incurred during your lifetime for which        estate is more than the combined tax
legacy does not involve just leaving a large      bills have not been received, as well as       threshold, currently £650,000.
Inheritance Tax bill for your loved ones.         funeral expenses.
                                                                                                 If gifts are made that affect the liability
Effective Inheritance Tax planning                Any amount of money given away                 to Inheritance Tax and the giver dies less
could save your beneficiaries thousands           outright to an individual is not counted       than seven years later, a special relief
of pounds, maybe even hundreds of                 for tax if the person making the gift          known as ‘taper relief’ may be available.
thousands depending on the size of your           survives for seven years. These gifts are      The relief reduces the amount of tax
estate. At its simplest, Inheritance Tax is       called ‘potentially exempt transfers’ and      payable on a gift.
the tax payable on your estate when you           are useful for tax planning.
die if the value of your estate exceeds                                                          In most cases, Inheritance Tax must be
a certain amount. It’s also sometimes             Money put into a ‘bare’ trust (a trust         paid within six months from the end of
payable on assets you may have given away         where the beneficiary is entitled to           the month in which the death occurs. If
during your lifetime, including property,         the trust fund at age 18) counts as a          not, interest is charged on the unpaid
possessions, money and investments.               potentially exempt transfer, so it is          amount. Tax on some assets, including
                                                  possible to put money into a trust to          land and buildings, can be deferred
Inheritance Tax is currently paid on              prevent grandchildren, for example, from       and paid in instalments over ten years.
amounts above £325,000 (£650,000                  having access to it until they are 18.         However, if the asset is sold before all
for married couples and registered civil                                                         the instalments have been paid, the
partnerships) for the current 2011/12             However, gifts to most other types of          outstanding amount must be paid. The
tax year, at a rate of 40 per cent. If the        trust will be treated as chargeable lifetime   Inheritance Tax threshold in force at
value of your estate, including your home         transfers. Chargeable lifetime transfers       the time of death is used to calculate
and certain gifts made in the previous            up to the threshold are not subject to tax     how much tax should be paid.
seven years, exceeds the Inheritance Tax          but amounts over this are taxed at 20 per
threshold, tax will be due on the balance         cent, with a further 20 per cent payable       Inheritance Tax can be a complicated
at 40 per cent.                                   if the person making the gift dies within      area with a variety of solutions available
                                                  seven years.                                   and, without proper tax planning; many
Without proper planning, many people                                                             people could end up leaving a huge tax
could end up leaving a substantial tax            Some cash gifts are exempt from tax            liability on their death, considerably
liability on their death, considerably            regardless of the seven-year rule. Regular     reducing the value of the estate passing
reducing the value of the estate passing          gifts from after-tax income, such as a         to chosen beneficiaries. So without
to their chosen beneficiaries.                    monthly payment to a family member,            Inheritance Tax planning, your family
                                                  are also exempt as long as you still           could be faced with a large tax liability
Your estate includes everything owned in          have sufficient income to maintain your        when you die. To ensure that your family
your name, the share of anything owned            standard of living.                            benefits rather than the government,
jointly, gifts from which you keep back                                                          it pays to plan ahead. As with most
some benefit (such as a home given to a           Any gifts between husbands and                 financial planning, early consideration
son or daughter but in which you still live)      wives, or registered civil partners, are       and planning is essential.



20                                                                                                  A Guide to PROTECTION Planning
A Guide to Protection Planning




A Guide to PROTECTION Planning                               21
A Guide to Protection Planning




Trust
arrangements
Do you have control over what happens to your estate, both
immediately after your death and for generations to come?
Following the changes introduced by the        some of the rules regarding trusts and        Beneficiary
Finance Act 2006 trusts still remain an        introduced some transitional rules for        This is anyone who benefits from
important estate planning mechanism.           trusts set up before this date.               the property held in the trust. The
A trust arrangement can ensure that                                                          trust deed may name the beneficiaries
your wealth is properly managed and            A trust might be created in various           individually or define a class of
distributed after your death, so that it       circumstances, for example:                   beneficiary, such as the settlor’s family.
provides for the people who depend on
you and is enjoyed by your heirs in the        n when someone is too young to handle
                                                                                            Trust property
way you intend.                                  their affairs                               This is the property (or ‘capital’) that is
                                               n when someone can’t handle their
                                                                                            put into the trust by the settlor. It can be
A trust is often the best way to achieve         affairs because they’re incapacitated       anything, including:
flexibility in the way you pass on your        n to pass on money or property while
                                                 
wealth to future generations. You may            you’re still alive                          n   and or buildings
                                                                                                 l
decide to use a trust to pass assets to        n under the terms of a will
                                                                                            n   investments
beneficiaries, particularly those who          n when someone dies without leaving a
                                                                                            n   money
aren’t immediately able to look after their      will (England and Wales only)               n   antiques or other valuable property
own affairs. If you do use a trust to give
something away, this removes it from your      What is a trust?                              The main types
estate provided you don’t use it or get any    A trust is an obligation binding a person     of private UK trust
benefit from it. But bear in mind that gifts   called a trustee to deal with property in
into trust may be liable to Inheritance Tax.   a particular way for the benefit of one or    Bare trust
                                               more ‘beneficiaries’.                         In a bare trust, the property is held in the
Trusts offer a means of holding and                                                          trustee’s name but the beneficiary can
managing money or property for                 Settlor                                       take actual possession of both the income
people who may not be ready or able            The settlor creates the trust and puts        and trust property whenever they want.
to manage it for themselves. Used in           property into it at the start, often adding   The beneficiaries are named and cannot
conjunction with a will, they can also         more later. The settlor says in the trust     be changed.
help ensure that your assets are passed        deed how the trust’s property and income
on in accordance with your wishes after        should be used.                               You can gift assets to a child via a
you die. Here we take a look at the main                                                     bare trust while you are alive, which
types of UK family trust.                      Trustee                                       will be treated as a Potentially Exempt
                                               Trustees are the ‘legal owners’ of the        Transfer (PET) until the child reaches
When writing a will, there are several         trust property and must deal with it in the   age 18 (the age of majority in England
kinds of trust that can be used to help        way set out in the trust deed. They also      and Wales), when the child can legally
minimise an Inheritance Tax liability. On      administer the trust. There can be one or     demand his or her share of the trust
22 March 2006 the government changed           more trustees.                                fund from the trustees.



22                                                                                               A Guide to PROTECTION Planning
A Guide to Protection Planning




All income arising within a bare trust in        extended family) when they see fit.            to each of the beneficiaries but none has
excess of £100 per annum will be treated                                                        an automatic right to either. The trust can
as belonging to the parents (assuming            Where an interest in possession trust was      have a widely defined class of beneficiaries,
that the gift was made by the parents).          in existence before 22 March 2006, the         typically the settlor’s extended family.
But providing the settlor survives seven         underlying capital is treated as belonging
years from the date of placing the               to the beneficiary or beneficiaries for        Discretionary trusts are a useful way to pass
assets in the trust, the assets can pass         Inheritance Tax purposes, for example, it      on property while the settlor is still alive
Inheritance Tax free to a child at age 18.       has to be included as part of their estate.    and allows the settlor to keep some control
                                                                                                over it through the terms of the trust deed.
Life interest or interest                        Transfers into interest in possession
in possession trust                              trusts after 22 March 2006 are                 Discretionary trusts are often used to gift
In an interest in possession trust, the          taxable as follows:                            assets to grandchildren, as the flexible
beneficiary has a legal right to all the                                                        nature of these trusts allows the settlor
trust’s income (after tax and expenses)          n  0 per cent tax payable based on
                                                   2                                            to wait and see how they turn out before
but not to the property of the trust.              the amount gifted into the trust at          making outright gifts.
                                                   the outset, which is in excess of the
These trusts are typically used to leave           prevailing nil rate band
income arising from a trust to a second          n  en years after the trust was created,
                                                   T
surviving spouse for the rest of their             and on each subsequent ten-year
life. On their death, the trust property           anniversary, a periodic charge,
reverts to other beneficiaries (known as           currently 6 per cent, is applied to the
the remaindermen), who are often the               portion of the trust assets that is in
children from the first marriage.                  excess of the prevailing nil rate band
                                                 n  he value of the available nil rate band
                                                   T
You can, for example, set up an interest           on each ten-year anniversary may be
in possession trust in your will. You might        reduced, for instance, by the initial
then leave the income from the trust               amount of any new gifts put into the
property to your spouse for life and the           trust within seven years of its creation
trust property itself to your children when
your spouse dies.                                There is also an exit charge on any
                                                 distribution of trust assets between each
With a life interest trust, the trustees often   ten-year anniversary.
have a ‘power of appointment’, which
means they can appoint capital to the            Discretionary trust
beneficiaries (who can be from within a          The trustees of a discretionary trust decide
widely defined class, such as the settlor’s      how much income or capital, if any, to pay




A Guide to PROTECTION Planning                                                                                                             23
A Guide to Protection Planning




Discretionary trusts also allow for changes in   per cent of the value of the trust assets.     that trust and how it falls within the
circumstances, such as divorce, re-marriage                                                     taxing legislation. For example, a charge
and the arrival of children and stepchildren     It has not been possible to create             to Inheritance Tax may arise when
after the establishment of the trust.            accumulation and maintenance trusts            putting property into some trusts, and
                                                 since 22 March 2006 for Inheritance Tax        on other chargeable occasions – for
When any discretionary trust is wound up,        purposes. Instead, they are taxed for          instance, when further property is added
an exit charge is payable of up to 6 per         Inheritance Tax as discretionary trusts.       to the trust, on distributions of capital
cent of the value of the remaining assets                                                       from the trust or on the ten-yearly
in the trust, subject to the reliefs for         Mixed trust                                    anniversary of the trust.
business and agricultural property.              A mixed trust may come about when
                                                 one beneficiary of an accumulation and
Accumulation and                                 maintenance trust reaches 18 and others
maintenance trust                                are still minors. Part of the trust then
An accumulation and maintenance trust            becomes an interest in possession trust.
is used to provide money to look after
children during the age of minority. Any         Trusts for                                      By using trusts, you have
income that isn’t spent is added to the          vulnerable persons                              control over what happens to
trust property, all of which later passes        These are special trusts, often                 your estate, both immediately
to the children.                                 discretionary trusts, arranged for a            after your death and for
                                                 beneficiary who is mentally or physically       generations to come.
In England and Wales the beneficiaries           disabled. They do not suffer from the
                                                                                                 Placing assets in trust also
become entitled to the trust property            Inheritance Tax rules applicable to
                                                                                                 ensures that they will pass
when they reach the age of 18. At that           standard discretionary trusts and can be
                                                                                                 smoothly to your heirs without
point the trust turns into an ‘interest          used without affecting entitlement to
                                                                                                 the delays, costs and publicity
in possession’ trust. The position               state benefits; however, strict rules apply.    often associated with probate.
is different in Scotland, as, once a                                                             That’s because the assets in a
beneficiary reaches the age of 16, they          Tax on income                                   trust are legally owned by the
could require the trustees to hand over          from UK trusts                                  trustees, not the settlor.
the trust property.                              Trusts are taxed as entities in their own
                                                 right. The beneficiaries pay tax separately     Trusts are very complicated,
Accumulation and maintenance trusts              on income they receive from the trust at        and you may have to pay
that were already established before             their usual tax rates, after allowances.        Inheritance Tax and/or Capital
                                                                                                 Gains Tax when putting property
22 March 2006, and where the child is            Taxation of property
                                                                                                 into the trust. If you want to
not entitled to access the trust property        settled on trusts
                                                                                                 create a trust you should
until an age up to 25, could be liable to        How a particular type of trust is charged
                                                                                                 seek professional advice.
an Inheritance Tax charge of up to 4.2           to tax will depend upon the nature of



24                                                                                                A Guide to PROTECTION Planning
A Guide to Protection Planning




A Guide to PROTECTION Planning                               25
A Guide to Protection Planning




Critical illness cover
Choosing the right cover can help ease your financial pressures
You really need to find the right peace        limitations, which may differ between              the conditions listed in the policy and
of mind when faced with the difficulty         insurers. Critical illness policies usually only   most pay out only after a ‘survival
of dealing with a critical illness. Critical   pay out once, so are not a replacement for         period’, which is typically 28 days. This
illness cover is a long-term insurance         income. Some policies offer combined life          means that if you die within 28 days of
policy designed to pay you a tax-free          and critical illness cover. These pay out if       meeting the definition of the critical
lump sum on the diagnosis of certain           you are diagnosed with a critical illness, or      illness given in the policy, the cover
life-threatening or debilitating (but not      you die, whichever happens first.                  would not pay out.
necessarily fatal) conditions, such as
a heart attack, stroke, certain types/         If you already have an existing critical           How much you pay for critical illness
stages of cancer and multiple sclerosis.       illness policy, you might find that by             cover will depend on a range of factors
                                               replacing a policy you would lose some             including what sort of policy you have
A more comprehensive policy will cover         of the benefits if you have developed any          chosen, your age, the amount you want
many more serious conditions, including        illnesses since you took out the first policy.     the policy to pay out and whether or
loss of sight, permanent loss of hearing       It is important to seek professional advice        not you smoke.
and a total and permanent disability that      before considering replacing or switching
stops you from working. Some policies also     your policy, as pre-existing conditions may        Permanent, total disability is usually
provide cover against the loss of limbs.       not be covered under a new policy.                 included in the policy. Some insurers
                                                                                                  define ‘permanent total disability’ as
It’s almost impossible to predict certain      Some policies allow you to increase your           being unable to work as you normally
events that may occur within our lives,        cover, particularly after lifestyle changes        would as a result of sickness, while
so taking out critical illness cover for you   such as marriage, moving home or having            others see it as being unable to
and your family, or if you run a business      children. If you cannot increase the cover         independently perform three or more
or company, offers protection when you         under your existing policy, you could              ‘Activities of Daily Living’ as a result of
may need it more than anything else. But       consider taking out a new policy just to           sickness or accident.
not all conditions are necessarily covered,    ‘top up’ your existing cover.
which is why you should always obtain                                                             Activities of daily living include:
professional advice. In May 2003, insurers     A policy will provide cover only for
adopted new rules set by the Association       conditions defined in the policy                   n    athing
                                                                                                      B
of British Insurers that tightened the         document. For a condition to be covered,           n    ressing and undressing
                                                                                                      D
conditions under which you could claim         your condition must meet the policy                n    ating
                                                                                                      E
on critical illness insurance policies.        definition exactly. This can mean that             n    ransferring from bed to chair and
                                                                                                      T
                                               some conditions, such as some forms                    back again
If you are single with no dependants,          of cancer, won’t be covered if deemed
critical illness cover can be used to pay      insufficiently severe.                             The good news is that medical
off your mortgage, which means that you                                                           advances mean more people than ever
would have fewer bills or a lump sum to        Similarly, some conditions will not be             are surviving conditions that might
use if you became very unwell. And if          covered if you suffer from them after              have killed earlier generations. Critical
you are part of a couple, it can provide       reaching a certain age, for example, many          illness cover can provide cash to allow
much-needed financial support at a time        policies will not cover Alzheimer’s disease        you to pursue a less stressful lifestyle
of emotional stress.                           if diagnosed after the age of 60.                  while you recover from illness, or you
                                                                                                  can use it for any other purpose. Don’t
The illnesses covered are specified in         Very few policies will pay out as soon             leave it to chance – make sure you’re
the policy along with any exclusions and       as you receive diagnosis of any of                 fully covered.



26                                                                                                    A Guide to PROTECTION Planning
A Guide to Protection Planning




        It’s almost impossible
        to predict certain
 events that may occur
 within our lives, so taking
 out critical illness cover
 for you and your family,
 or if you run a business or
 company, offers protection
 when you may need it
 more than anything else.




A Guide to PROTECTION Planning                               27
A Guide to Protection Planning




Glossary
The language of protection
Assured                                  Family Income Benefit                        Key Person
A person or persons who are              A term assurance policy that pays            (Key Man) Insurance
insured under the terms of a             regular benefits on death to the end         Insurance against the death or
protection policy.                       of the plan term.                            disability of a person who is vital to
                                                                                      the profitability of a business.
Convertible Term Assurance               Guaranteed Premiums
A term assurance plan that gives         This means the premiums are                  Level Term Assurance
the owner the option to convert the      guaranteed to remain the same for the        A life assurance policy that pays out
policy to a whole-of-life contract or    duration of the plan, unless you increase    a fixed sum on the death of the life
endowment, without the need for          the amount of cover via ‘indexation’.        assured within the plan term. No
medical checks.                                                                       surrender value is accumulated.
                                         Income Protection
Critical Illness Cover                   This insurance provides you with a           Life Assured
Critical Illness Cover is an insurance   regular tax-free income if, by reason        The person whose life is insured against
plan that pays out a guaranteed tax-     of sickness or accident, you are             death under the terms of a policy.
free cash sum if you’re diagnosed        unable to work, resulting in a loss
as suffering from a critical illness     of earnings. Income Protection is            Life Insurance
covered by the plan. There is no         also known as Permanent Health               An insurance plan that pays out
payment if you die. You can take         Insurance (PHI).                             a guaranteed cash sum if you die
out the plan on your own or with                                                      during the term of the plan. Some
someone else. For joint policies the     Indexation                                   term assurance plans also pay out if
cash sum is normally payable only        You can arrange for your insurance           you are diagnosed as suffering from a
once, on the first claim.                benefit and premiums to increase             terminal illness. You can take out the
                                         annually in line with inflation or           plan on your own or with someone
Decreasing Term Assurance                at a fixed percentage. Premiums              else. For joint life insurance policies
A term assurance plan designed to        are normally increased in line with          the cash sum is normally payable only
reduce its cover each year, decreasing   RPI (Retail Prices Index) or NAEI            once, on the first claim.
to nil at the end of term. Decreasing    (National Average Earnings Index).
term assurance cover is most                                                          Long-term Care
commonly used to cover a reducing        Insurable Interest                           Insurance to cover the cost of caring
debt or repayment mortgage.              A legally recognised interest enabling       for an individual who cannot perform
                                         a person to insure another. The              a number of activities of daily living,
Deferred Period                          insured must be financially worse off        such as dressing or washing.
A period of delay prior to payment       on the death of the life assured.
of benefits under a protection policy.                                                Mortgage Protection
Periods are normally 4, 13, 26 or 52     Joint Life Second Death                      ‘Mortgage life assurance’ or
weeks – the longer the period the        A policy that will pay out only when the     ‘repayment mortgage protection’
cheaper the premium.                     last survivor of a joint life policy dies.   is an insurance plan to cover your


28                                                                                     A Guide to PROTECTION Planning
A Guide to Protection Planning




whole repayment mortgage, or            Surrender Value                           an appropriate trust usually speeds
just part of it. The policy pays out    The value of a life policy if it is       up the payment of proceeds to your
a cash sum to meet the reducing         encashed before a claim due to            beneficiaries and may also assist with
liability of a repayment mortgage.      death or maturity.                        Inheritance Tax mitigation.
You can take out the policy on
your own or with someone else.          Sum Assured                               Waiver of Premium
For joint policies the cash sum is      The benefit payable under a life          If you are unable to work through
normally payable only once, on the      assurance policy.                         illness or accident for a number of
first claim.                                                                      months, this option ensures that your
                                        Term Assurance                            cover continues without you having
Paid-up Plan                            A life assurance policy that pays out     to pay the policy premiums.
A policy where contributions have       a lump sum on the death of the life
ceased and any benefits accumulated     assured within the term of the plan.      Whole-Of-Life
are preserved.                                                                    Unlike term assurance, whole-of-
                                        Terminal Illness                          life policies provide life assurance
Permanent Health Insurance              Some life policies include this benefit   protection for the life of the assured
Cover that provides a regular income    free of charge and this means the life    individual(s). Cover may either be
until retirement should you be unable   insurance benefit will be paid early if   provided for a fixed sum assured
to work due to illness or disability.   you suffer a terminal illness.            on premium terms established at
Also known as Income Protection.                                                  the outset or flexible terms which
                                        Total Permanent                           permit increases in cover once the
Renewable Term Assurance                Disability Cover                          policy is in force, within certain
An ordinary term assurance policy       Also known as Permanent Health            pre-set limits, to reflect changing
with the option to renew the plan at    Insurance or Income Protection and        personal circumstances.
expiry without the need for further     sometimes available as part of a life
medical evidence.                       assurance policy, this pays out the
                                        benefit of a policy if you are unable
Reviewable Premiums                     to work due to illness or disability.
Plans with reviewable premiums
are usually cheaper initially;          Trusts
however, the premiums are               Many insurance companies supply
reviewed regularly and can increase     trust documents when arranging
substantially.                          your policy. Placing your policy in


A Guide to PROTECTION Planning                                                                                        29
A Guide to Protection Planning

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A Guide to Protection Planning

  • 1. A Guide to PROTECTION Planning Protecting your family from financial hardship
  • 2. Welcome A Guide to Protection Planning Welcome to our ‘Guide to Protection Planning’. Bad news can impact on any one of us at any time, in the form of an illness, or sudden death. We don’t like to think about it, but we do have to plan for it. So having the correct protection strategy in place will enable you to protect your family’s lifestyle if your income suddenly changes due to illness or your premature death. But choosing the right options can be difficult without obtaining professional advice to ensure you protect your family from financial hardship. This guide considers many of the different protection options and the structures into which you could transfer your assets, which could have lasting consequences for you and your family, and sets out why it is crucial that you make the correct choices. We can ensure that you find the right solutions to protect your assets and offer your family and business lasting benefits. Obtaining professional advice is essential to making an informed decision about the most suitable sum assured, premium, terms and payment provisions. We work with our clients to create tailored protection strategies that meet their financial goals and needs and we’re committed to ensuring that our clients enjoy the best financial planning service available. As part of our service we also take the time to understand our client’s unique needs and circumstances, so that we can provide them with the most suitable protection solutions in the most cost- effective way. If you would like to discuss the range of protection services we offer, please contact us for further information. 02 A Guide to PROTECTION Planning
  • 3. CONTENTS Contents 04 Life assurance Providing a financial safety net for 17 Financial protection for you and your family your loved ones With the abundance of choice, we can you make the right decisions? 06 Term assurance You can’t rely on always being there 18 Making a will for those who depend on you Planning ahead can give you the peace of mind that your loved ones 08 Whole-of-life assurance can cope financially without you Providing financial protection with cover that lasts for the rest of 20 Wealth protection Without proper tax planning, your life could you end up leaving a huge tax liability? 10 Income protection insurance 22 Trust arrangements How would you pay the bills if Do you have control over what you were sick or injured and happens to your estate, both couldn’t work? immediately after your death and for generations to come? 12 Long-term care funding Keeping pace with the growing size of an ageing population 26 Critical illness cover Choosing the right cover can help ease your financial pressures 16 Business protection Don’t overlook your most important 28 Glossary assets, the people who drive your A guide to the jargon of protection business A Guide to PROTECTION Planning 03
  • 4. A Guide to Protection Planning Life assurance Providing a financial safety net for your loved ones Whether you’re looking to provide a n Starting a family The cheapest, simplest form of life financial safety net for your loved ones, n Becoming a stay-at-home parent assurance is term assurance. It is moving house or a first time buyer n Having more children straightforward protection, there is no looking to arrange your mortgage life n Moving to a bigger property investment element and it pays out a insurance - or simply wanting to add n Salary increases lump sum if you die within a specified some cover to what you’ve already n Changing your job period. There are several types of got - you’ll want to make sure you n Reaching retirement term assurance. choose the right type of cover. That’s why obtaining the right advice and Relying on someone else to support you The other type of protection available knowing which products to choose – Personal guarantee for business loans is a whole-of-life assurance policy including the most suitable sum designed to provide you with cover assured, premium, terms and payment Your life assurance premiums will throughout your entire lifetime. provisions – is essential. vary according to a number of The policy only pays out once the different factors, including the sum policyholder dies, providing the Life assurance helps your dependants assured and the length of your policy policyholder’s dependants with a lump to cope financially in the event of your (its ‘term’), plus individual lifestyle sum, usually tax-free. Depending on premature death. When you take out factors such as your age, occupation, the individual policy, policyholders may life assurance, you set the amount you gender, state of health and whether have to continue contributing right up want the policy to pay out should you or not you smoke. until they die, or they may be able to die – this is called the ‘sum assured’. stop paying in once they reach a stated Even if you consider that currently If you have a spouse, partner or age, even though the cover continues you have sufficient life assurance, children, you should have sufficient until they die. you’ll probably need more later on protection to pay off your mortgage if your circumstances change. If you and any other liabilities. After that, Tax matters don’t update your policy as key events you may need life assurance to Although the proceeds from a life happen throughout your life, you may replace at least some of your income. assurance policy are tax-free, they could risk being seriously under-insured. How much money a family needs will form part of your estate and become vary from household to household liable to Inheritance Tax (IHT). The simple As you reach different stages in so, ultimately, it’s up to you to way to avoid IHT on the proceeds is to your life, the need for protection will decide how much money you would place your policy into an appropriate inevitably change. These are typical like to leave your family that would trust, which enables any payout to be events when you should review your life enable them to maintain their current made directly to your dependants. Certain assurance requirements: standard of living. kinds of trust allow you to control what happens to your payout after death and Buying your first home with a partner There are two basic types of life this could speed up a payment. However, Having other debts and dependants assurance, ‘term’ and ‘whole-of-life’, they cannot be used for life assurance Getting married or entering into a but within those categories there are policies that are assigned to (earmarked civil partnership different variations. for) your mortgage lender. 04 A Guide to PROTECTION Planning
  • 5. A Guide to Protection Planning Generally speaking, the amount of n hat are your family expenses and W Life assurance life assurance you may need should how would they change if you died? helps your provide a lump sum that is sufficient to n ow much would the family H remove the burden of any debts and, expenditure increase on requirements dependants to cope ideally, leave enough over to invest in such as childcare if you were to die? financially in the event order to provide an income to support n ow much would your family income H of your premature your dependants for the required drop if you were to die? death. When you take period of time. n ow much cover do you receive from H your employer or company pension out life assurance, you The first consideration is to clarify what scheme and for how long? set the amount you you want the life assurance to protect. If n hat existing policies do you have W want the policy to pay you simply want to cover your mortgage, already and how far do they go to out should you die – then an amount equal to the outstanding meeting your needs? mortgage debt can achieve that. n ow long would your existing savings H this is called the last? ‘sum assured’. However, if you want to prevent n hat state benefits are there that W your family from being financially could provide extra support to meet disadvantaged by your premature death your family’s needs? and provide enough financial support to n ow would the return of inflation to H maintain their current lifestyle, there are a the economy affect the amount of few more variables you should consider. your cover over time? A Guide to PROTECTION Planning 05
  • 6. A Guide to Protection Planning Term assurance You can’t rely on always being there for those who depend on you It’s essential to have the right sort of Increasing term - the potential payout life assurance in place. You can’t rely Term assurance increases by a small amount each year. on always being there for those who provides cover for a This can be a useful way of protecting depend on you. There are various ways your initial sum assured during periods fixed term, with the sum of providing for your family in the event of rising inflation. of your premature death, but term assured payable only on assurance policies are the simplest death. You can choose how Index-linked term - some insurers and cheapest form of cover. The plans long you’re covered for, for provide you with the option for the have no cash-in value or payments premium to be increased each year in example, 10, 15 or on survival as their design is limited relation to the Retail Price Index. to protecting your family. However, 20 years (the term). you could also use term assurance in Convertible term - you have the option relation to estate planning and for the to convert in the future to another payment of mortgages or other debts. amount whether you died on the first type of life assurance, such as a ‘whole day after taking the policy out or the of life’ or endowment policy, without Term assurance provides cover for day before it expired. This tends to be having to submit any further medical a fixed term, with the sum assured used in conjunction with an interest- evidence. This conversion option payable only on death. You can choose only mortgage, where the debt has allows you to adapt your plan if your how long you’re covered for, for to be paid off only on the last day of circumstances change. You can convert example, 10, 15 or 20 years (the term). the mortgage term. With level term (usually within certain limits) part or all Premiums are based primarily on the assurance, premiums are fixed for the of your life assurance cover at any time age and health of the life assured, the duration of the term and a payment during the term. And, importantly, you sum assured and the policy term. The will be made only if a death occurs won’t be asked any health questions at older the life assured or the longer the during the period of cover. A level term the date of conversion. policy term, the higher the premium assurance policy is taken out for a fixed will generally be. term. This type of term assurance policy If the level of cover you selected at can also be useful for providing security the start remains the same, then the Term assurance policies can be written to dependants up to a certain age. premiums will too. If you survive the on a single life, joint life (first or second policy term without any conversion of death) or on a life-of-another basis. Decreasing term - the cash payout the plan, there will be no pay out. As You must have a financial interest in reduces by a fixed amount each year, this type of policy provides cover only the person that you are insuring when ending up at zero by the end of the in the event of death (plus the option taking out any life-of-another policy term. Because the level of cover falls to convert), there is no surrender value. and the provider may require proof of during the term, your premiums on this So if you stop paying the premiums this before cover is given. type of policy are lower than on level at any time, your cover would cease policies. This cover is often bought to immediately and you would not receive There are several types of term assurance: run alongside repayment mortgages, any money back. where the debt reduces during the Level term - this offers the same payout mortgage term.This type of term Renewable term - some term throughout the life of the policy, so your assurance is less expensive than level assurances are ‘renewable’ in that, dependants would receive the same term assurance. on the expiry date, there is an option 06 A Guide to PROTECTION Planning
  • 7. A Guide to Protection Planning for you to take out a further term assurance at ordinary rates without providing evidence of your health status, as long as the expiry date is not beyond a set age, often 65. Each subsequent policy will have the same option, provided the expiry date is not beyond the limit set by the life office. Family income benefit - instead of paying a lump sum, this offers your dependants a regular income from the date of your premature death until the end of the policy term. This is one of the least expensive forms of cover and differs from most other types in that it is designed to pay the benefit as an income rather than a lump sum. In the event of a claim, income can be paid monthly, quarterly or annually and under current rules the income is tax-free. To ensure that income payments keep pace with inflation, you can usually have them increased as inflation rises. It’s also possible to take a cash sum instead of the income option upon death. Family income benefit can also include critical illness cover, which is designed to pay the selected income if you are diagnosed with a critical illness within the chosen term. It is a fixed term and you won’t be able to increase your cover or extend the term. If you become ill towards the end of the term (duration of your policy), you might not be able to obtain further cover. A Guide to PROTECTION Planning 07
  • 8. A Guide to Protection Planning Whole-of-life assurance Providing financial protection with cover that lasts for the rest of your life Whole-of-life assurance policies provide If the review reveals that the same level financial security for people who depend There are different of protection can’t continue, you’ll have on you financially. As the name suggests, types of whole-of-life two choices: whole-of-life assurance helps you protect assurance policy – some your loved ones financially with cover that n ncrease your payments I offer a set payout from the lasts for the rest of your life. This means n eep your payments the same and K the insurance company will have to pay outset, others are linked reduce your level of protection out in almost every case and premiums to investments, and the are therefore higher than those charged payout will depend on Maximum cover on term assurance policies. Maximum cover offers a high initial performance. Investment- level of cover for a lower premium, There are different types of whole-of- linked policies are either until the first plan review, which is life assurance policy – some offer a set unit-linked policies, linked normally after ten years. The low payout from the outset, others are linked to funds, or with-profits premium is achieved because very to investments, and the payout will little of your premium is kept back for policies, which depend on performance. Investment- investment, as most of it is used to pay linked policies are either unit-linked offer bonuses. for the life assurance. policies, linked to funds, or with-profits policies, which offer bonuses. you cancel the policy and cash it in, you After a review you may have to increase will lose your cover. Where there is an your premiums significantly to keep Whole-of-life assurance policies pay a investment element, your premiums are the same level of cover, as this depends lump sum to your estate when you die. usually reviewed after ten years and on how well the cash in the investment This could be used by your family in then every five years. reserve (underlying fund) has performed. whatever way suits them best, such as providing for an inheritance, paying for Whole-of-life assurance policies are also Standard cover funeral costs and even forming part of available without an investment element This cover balances the level of life an Inheritance Tax planning strategy. and with guaranteed or investment- assurance with adequate investment linked premiums from some providers. to support the policy in later years. Some whole-of-life assurance policies This maintains the original premium require that premiums are paid all the Reviews throughout the life of the policy. way up to your death. Others become The level of protection selected will paid-up at a certain age and waive normally be guaranteed for the first ten However, it relies on the value of units premiums from that point onwards. years, at which point it will be reviewed invested in the underlying fund growing to see how much protection can be at a certain level each year. Increased Whole-of-life assurance policies can provided in the future. If the review charges or poor performance of the seem attractive because most (but not shows that the same level of protection fund could mean you’ll have to increase all) have an investment element and can be carried on, it will be guaranteed your monthly premium to keep the therefore a surrender value. If, however, to the next review date. same level of cover. 08 A Guide to PROTECTION Planning
  • 9. A Guide to Protection Planning A Guide to PROTECTION Planning 09
  • 10. A Guide to Protection Planning Income protection insurance How would you pay the bills if you were sick or injured and couldn’t work? Protecting your income should be Income protection insurance aims to own job; however, being covered under taken very seriously, given the limited put you back to the position you were in ‘Any Occupation’ means that you have government support available. How before you were unable to work. It does to be unable to perform any job, with would you pay the bills if you were sick not allow you to make a profit out of your equivalent earnings to the job you were or injured and couldn’t work? Income misfortune. So the maximum amount of doing before not taken into account. protection insurance, formerly known as income you can replace through insurance ‘permanent health insurance’, is a financial is broadly the after-tax earnings you have You can also usually choose for your safety net designed to help protect you, lost, less an adjustment for state benefits cover to remain the same (level your family and your lifestyle in the event you can claim. This is usually translated cover) or increase in line with inflation that you cannot work and cope financially into a maximum of 50 per cent to 65 per (inflation-linked cover): due to an illness or accidental injury cent of your before-tax earnings. preventing you from working. Level cover - with this cover, if you made If you are self-employed, then no work is a claim the monthly income would be Without a regular income, you may find also likely to mean no income. However, fixed at the start of your plan and does it a struggle financially, even if you were depending on what you do, you may not change in the future. You should ill for only a short period, and you could have income coming in from earlier remember that this means, if inflation end up using your savings to pay the work, even if you are ill for several eventually starts to rise, that the bills. In the event that you suffered from months. The self-employed can take out buying power of your monthly income a serious illness, medical condition or individual policies rather than business payments may be reduced over time. accident, you could even find that you ones, but you need to ascertain on what are never able to return to work. Few of basis the insurer will pay out. A typical Inflation-linked cover - with this cover, us could cope financially if we were off basis for payment is your pre-tax share if you made a claim the monthly income work for more than six to nine months. of the gross profit, after deduction would go up in line with the Retail Prices Income protection insurance provides a of trading expenses, in the 12 months Index (RPI). tax-free monthly income for as long as immediately prior to the date of your required, up to retirement age, should incapacity. Some policies operate an When you take out cover, you usually you be unable to work due to long-term average over the last three years, as have the choice of: sickness or injury. they understand that self-employed people often have a fluctuating income. Guaranteed premiums - the premiums By law, your employer must pay most The cost of your cover will depend on remain the same all the way throughout employees statutory sick pay for up to your gender, occupation, age, state of the term of your plan. If you have 28 weeks. This will almost certainly be health and whether or not you smoke. chosen inflation-linked cover, your a lot less than your full earnings. Few premiums and cover will automatically employers pay for longer periods. If you The ‘occupation class’ is used by insurers go up each year in line with RPI. find yourself in a situation where you are to decide whether a policyholder is able unable to return to work, your employer to return to work. If a policy will pay Reviewable premiums - this means could even stop paying you altogether out only if a policyholder is unable to the premiums you pay can increase or and terminate your employment. After work in ‘any occupation’, it might not decrease in the future. The premiums that, you would probably have to rely on pay benefits for long – or indeed at all. will not typically increase or decrease for state benefits. Some employers arrange The most comprehensive definitions are the first five years of your plan but they group income protection insurance for ‘Own Occupation’ or ‘Suited Occupation’. may do so at any time after that. If your their employees, which can pay out an ‘Own Occupation’ means you can make premiums do go up, or down, they will income after the statutory sick period. a claim if you are unable to perform your not change again for the next 12 months. 10 A Guide to PROTECTION Planning
  • 11. A Guide to Protection Planning How long you have to wait after making a claim will depend on the waiting period. You can usually choose from between 1, 2, 3, 6, 12 or 24 months. The longer the waiting period you choose, the lower the premium for your cover will be, but you’ll have to wait longer after you become unable to work before the payments from the policy are paid to you. Premiums must be paid for the entire term of the plan, including the waiting period. Depending on your circumstances, it is possible that the payments from the plan may affect any state benefits due to you. This will depend on your individual situation and what state benefits you are claiming or intending to claim. If you are unsure whether any state benefits you are receiving will be affected, you should seek professional advice. Income protection insurance aims to put you back to the position you were in before you were unable to work. It does not allow you to make a profit out of your misfortune. So the maximum amount of income you can replace through insurance is broadly the after-tax earnings you have lost, less an adjustment for state benefits you can claim. This is usually translated into a maximum of 50 per cent to 65 per cent of your before-tax earnings. A Guide to PROTECTION Planning 11
  • 12. A Guide to Protection Planning Long-term care funding Keeping pace with the growing size of an ageing population The funding of long-term care remains n ll those who enter adulthood with A care costs or to take a charge against a one of the biggest public policy a care and support need should property to be repaid on the eventual sale challenges facing the government. As the be eligible for free state support of the home. This could result in very little baby-boomer generation grows older, it immediately rather than being being left for the surviving family. is estimated that spending on social care subjected to a means test. needs to double in real terms over the More often than not, it is the elderly next twenty years just to keep pace with We may not like to think about it, but a who require care over the longer term the growing size of the ageing population. growing number of us will need long- and it is typically occasioned by either   term care when we’re older. If you’ve got increasing frailty due to ageing or the In July 2010, the Commission on Funding elderly parents you may need to pay all or chronic aftermath of acute conditions, of Care and Support was set up by the part of their care costs. The time when an such as a stroke or a fall. Long-term care coalition to review the funding system of elderly person needs to go into residential provision may be required if you become care and support in England. Chaired by care is often a huge strain on family ill or suffer a disability that makes you Andrew Dilnot, it presented its findings to members. Illness or infirmity may have unable to carry out your usual activities of the government in its report ‘Fairer Care forced a sudden change in circumstances daily living, with the probability that this Funding’, published on 4 July 2011. and time may be short. disability will continue over a long period. Among the recommendations in the Long-term care is care you need for the Long-term care may also be required if report are: foreseeable future, maybe as a result of a person is mentally impaired. The most an illness or old age. As you get older, you common form of impairment for elderly n ndividuals’ lifetime contributions I might develop health problems that could people is dementia, and a common form towards their social care costs – which make it difficult to cope with everyday of dementia is Alzheimer’s disease. A are currently potentially unlimited – tasks. So you may require help to stay in person suffering from dementia will need should be capped. After the cap is your own home or have to move into a personal supervision and assistance to reached, individuals would be eligible care home. carry out their normal daily activities. for full state support for care costs. This cap should be between £25,000 Many elderly may be faced with the The state may provide some help towards and £50,000. We consider that decision of having to sell their homes to the costs of this care, depending on your £35,000 is the most appropriate and pay for care and in many cases it may circumstances. There are other ways to fair figure. even come down to where they live, a help you cover the cost of care, including n he means-tested threshold, above T postcode, with some elderly receiving using savings and investments. which people are liable for their full better support from their local council care costs, should be increased from than others. The care required can take many forms, £23,250 to £100,000. from simple domestic assistance to n ational eligibility criteria and portable N Under the Community Care Act 1990, medical interventions, and may be assessments should be introduced to local councils have the right, by law, to provided in a care home or in the person’s ensure greater consistency. force the sale of a family home to pay for own home. Many people would have 12 A Guide to PROTECTION Planning
  • 13. A Guide to Protection Planning A Guide to PROTECTION Planning 13
  • 14. A Guide to Protection Planning hoped the National Health Service (NHS) powers that local authorities have to Contribution, paid in England. This is would look after them. But the NHS no include in the means testing assessment paid direct to the home and offsets the longer covers all the costs associated assets that they consider have been cost of your care. with the care of incurable conditions in subject to ‘deliberate deprivation’. This old age. Instead you may be forced to occurs when a resident transfers an asset In Scotland, those who need nursing care buy ‘insurance’ to pay out if nursing or out of their possession in order to achieve will also be paid a contribution towards residential care at a later stage is needed. a better position that enables them to personal care costs. However, they do not obtain assistance. claim Attendance Allowance as well. Many in Since the Community Care Act, that task Scotland still have to contribute substantial has been transferred to local councils. The home should be disregarded if the sums towards long-term care costs. The NHS will only provide and/or pay for care needs are classed as ‘temporary’. If the Nursing Care Service Component of a the value of your assets, excluding your Many families may still have to pay the person’s long-term care service needs. All property, is less than £23,250, you should majority of the care costs. There are other costs and services associated with not have to pay for care for the first 12 a variety of options to consider, and long-term care are the care recipient’s weeks. Even if your assets are more than professional advice should always be responsibility unless they qualify for local this initially but are then used up paying taken to evaluate which best suits your authority assistance. Although in Scotland care home fees, you should be able to circumstances. The main options are: from July 2002 Free Personal Care has apply for this 12-week disregard once they been available. drop below the £23,250 limit. A deferred option scheme - if your other assets are below the means test limit, you Anyone currently with assets of more It is important not to fall into the trap of can ask the local authority to pay care than £23,250 for the financial year 2011/12 simply giving your home away to your costs and they will place a charge on your (in England) will be expected to pay for children. The local authority has the property to be paid on your death. This their care needs. In most cases, the value right to obtain assets that have been potentially allows your estate to benefit from of any property owned will be included deliberately disposed of to avoid paying future property price rises, although in the within this sum. fees. However, the ‘tenants-in-common’ current climate this may not be so relevant. ownership does not fall under these rules However, there are certain circumstances because the gift is made only on death. A care fees annuity - from the proceeds in which the home is excluded. And those of the sale of the home, you can buy with the foresight to plan in advance may If your care needs are overwhelmingly an annuity to provide a guaranteed want to make sure they can take advantage medical and are deemed ‘complex and income. This means that the price of care of this, particularly if their remaining assets unstable’, you may qualify for NHS-funded is capped and protects the remaining are less than the £23,250 limit. ‘Continuing Care’, which means all bills capital. But for the relatives of those who are met in full, including residential costs. die shortly after going into care, it could A property will automatically be ignored if However, the strict eligibility criteria mean prove a more costly option. a surviving spouse or partner lives there. that few people qualify, and even those This rule extends to other relatives aged who do are reassessed regularly. Investment options - many people 60 or over who live in the property. So if choose to sell the home and invest the a daughter, niece or brother has moved If their condition stabilises, their care proceeds, using the income generated in as a carer, this could help reduce future costs will revert to local authority control, to help pay care fees. Alternatively, the care costs. More importantly, many which means patients will be assessed property may be rented, with the rental couples don’t realise that they may be for their ability to pay. But if a relative’s income going towards care. But this able to take the home out of the care condition worsens, you can ask for them means that the family has to maintain equation altogether by altering the way in to be reassessed for continuing care. If and manage the property. which it is owned. you feel that a relative has been wrongly assessed, you can also appeal to your Trusts Most couples buying a property do so local social services. You and your spouse or civil partner as ‘joint tenants’. This ensures that on should each make a provision in your the death of either party their share is Even those who have to pay their wills ensuring that, upon the first death, automatically transferred to the other. If own care costs should ensure they the deceased’s half of the property is this is done, and half the home is passed receive the correct benefits. The main placed in trust for your children or other on to the children on the death of the one is Attendance Allowance. It is beneficiaries instead of passing directly to first spouse or placed into a trust on their not means-tested and pays a weekly the survivor. behalf, then it is possible that the whole tax-free amount, depending on your home may be disregarded at a later stage level of need. If you are receiving care A trust keeps any designated property if the surviving spouse needs nursing care. in a nursing home, you should also be owned by the deceased away from However, you need to understand the eligible for the Registered Nursing Care the council’s reach. At the same time 14 A Guide to PROTECTION Planning
  • 15. A Guide to Protection Planning it allows the surviving spouse or civil partner to continue benefiting from the We may not like to think about it, but a growing assets, which may include the family number of us will need long-term care when home. On the death of the remaining we’re older. If you’ve got elderly parents you may member of the couple, the assets owned need to pay all or part of their care costs. The time by the trust, together with whatever is left of the assets of the second spouse when an elderly person needs to go into residential or civil partner, can be given to the care is often a huge strain on family members. Illness surviving family. or infirmity may have forced a sudden change in circumstances and time may be short. The majority of people own their homes jointly, which means that, on first death, the survivor would then own 100 per cent of the full property value. By changing the way you own your home to what is known as ‘tenants-in-common’, combined with the appropriate trust planning, this could effectively ensure that your property is fully protected should either of you enter into care. In addition, by changing the way your assets are invested and held, this could ensure that your cash or liquid assets are fully protected from future long- term care costs. A gift-and-loan trust can be used to fund long-term care, with the added benefit of reducing Inheritance Tax on your estate. You place a small amount, such as £1,000, in trust and then lend a large sum, such as £100,000, to the trustees. You may not benefit from the trust by law but you can have the loan repaid, typically at 5 per cent annually, which can then be used to pay for care fees. The trustees can invest the capital, and the aim is that it grows in value outside of your estate. Equity release Even with recent falls in property prices, many elderly people may have significant equity in their homes. Equity-release schemes are loans against the value of their home, with interest deferred until the property is sold, normally on death. Most lifetime mortgage schemes allow you to borrow between 20 per cent and 45 per cent of the property’s value. Unlike selling the property to raise funds for care-home fees, you will still benefit if the housing market gains value and you can also keep your house. A Guide to PROTECTION Planning 15
  • 16. A Guide to Protection Planning Business protection Don’t overlook your most important assets, the people who drive your business Every business has key people who If a shareholding director or partner were a ‘cross-option’ agreement or a ‘double are driving it forward. Many businesses to die, the implications for your business option’ agreement. recognise the need to insure their could be very serious indeed. Not only company property, equipment and fixed would you lose their experience and These are essential areas for partnerships assets. However, they continually overlook expertise, but consider, too, what might or directors of private limited companies their most important assets, the people happen to their shares. to explore. who drive the business – a key employee, director or shareholder. The shares might pass to someone who Different forms of protection has no knowledge or interest in your Key person insurance is designed to business. Or you may discover that you Key person insurance - compensates your compensate a business for the financial can’t afford to buy the shareholding. It’s business up to a pre-agreed limit for the loss brought about by the death or even possible that the person to whom the loss or unavoidable absence of crucial critical illness of a key employee, such shares are passed then becomes a majority personnel, including the owner-manager. as a company director. It can provide a shareholder and so is in a position to sell It is especially appropriate if your business valuable cash injection to the business to the company. depends on a few employees. aid a potential loss of turnover and provide funds to replace the key person. The shareholding directors or partners Critical illness cover - pays a sum of money in a business enter into an agreement to specific employees or the business Share and partnership protection that does not create a legally binding owner in the event of a serious illness, such provides an agreement between obligation on either party to buy or sell as a heart attack or stroke. shareholding directors or partners in a the shares but rather gives both parties business, supported by life assurance an option to buy or sell, i.e. the survivor Income protection insurance - protects to ensure that there are sufficient has the option to buy the shares of the individuals by paying their salaries while funds for the survivor to purchase the deceased shareholder and the executors of they’re unable to work. shares. It is designed to ensure that the the deceased shareholder have the option control of the business is retained by to sell those shares. Private health insurance - funds private the remaining partners or directors but healthcare for specific employees. As well the value of the deceased’s interest in In either case it is the exercise of the as being an extra benefit of employment, the business is passed to their chosen option that creates a binding contract; it could help them to return to work more beneficiaries in the most tax-efficient there is no binding contract beforehand. quickly after an illness by paying for manner possible. This type of agreement is generally called rehabilitation treatment. 16 A Guide to PROTECTION Planning
  • 17. A Guide to Protection Planning Financial protection for you and your family With the abundance of choice, we can help you make the right decisions With so many different protection options available, making We can make sure that you are able to take the right the right decision to protect your personal and financial decisions to deliver peace of mind for you and your family in situation can seem overwhelming. There is a plethora of the event of death, if you are too ill to work, require care or if protection solutions which could help ensure that a lump you are diagnosed with a critical illness. sum, or a replacement income, becomes available to you in the event that it is needed. Protecting your financial plan Whole-of-life Provides a guaranteed lump sum paid to your estate in the event of your premature death. To avoid Inheritance Tax and probate delays, policies should be set up under an appropriate trust. Level term Provides a lump sum for your beneficiaries in the event of your death over a specified term. You choose the sum insured and the policy term which is guaranteed at the outset and remains unchanged throughout the term. Family income benefit Provides a replacement income for beneficiaries on your premature death. In the event of a claim, income can be paid monthly, quarterly or annually and under current rules the income is tax-free. Decreasing term Provides a lump sum in the event of your premature death to cover a reducing liability for a fixed period, such as a repayment mortgage. Critical illness Provides a tax-free lump sum if you are diagnosed with suffering from one of a number of specified ‘critical’ illnesses during the term. Some life assurance companies offer to cover you for both death and critical illness and will pay out the guaranteed benefit on the first event to occur. Income Protection Insurance that provides a percentage of your lost income caused by an illness, accident or disability. Rates vary according to the dangers associated with your occupation, age, state of health and gender. Long-term care I nsurance to cover the costs of care. This can be either immediate care, provided when you actually need care, or pre-funded care, which is provided in advance in case you need care in the future. All these protection options also apply to your spouse and to those who are in civil partnerships. Choosing the right mix of financial protection for your particular situation is essential to ensure that your specific requirements are fully covered. A Guide to PROTECTION Planning 17
  • 18. A Guide to Protection Planning Making a will Planning ahead can give you the peace of mind that your loved ones can cope financially without you No one likes to think about it but death is n f you’re divorced, you can decide whether i If you’re married or the one certainty that we all face. Planning to leave anything to your former partner in a civil partnership ahead can give you the peace of mind n ou can make sure you don’t pay more y and there are no children that your loved ones can cope financially Inheritance Tax than necessary The husband, wife or civil partner won’t without you and, at a difficult time, helps automatically get everything, although remove the stress that monetary worries Before you write your will, it’s a good idea they will receive: can bring. to think about what you want included in it. You should consider: n ersonal items, such as household p Planning your finances in advance should articles and cars, but nothing used for help you to ensure that, when you die, n ow much money and what property h business purposes everything you own goes where you and possessions you have n 400,000 (£200,000) free of tax – or £ want it to. Making a will is the first step n ho you want to benefit from your will w the whole estate if it was less than in ensuring that your estate is shared out n ho should look after any children w £400,000 (£200,000) exactly as you want it to be. under 18 years of age n alf of the rest of the estate h n ho is going to sort out your estate and w If you don’t make a will, there are rules carry out your wishes after your death The other half of the rest of the estate will for sharing out your estate called the (your executor)  be shared by the following: Law of Intestacy, which could mean your money going to family members Passing on your estate SUrviving parents who may not need it, or your unmarried An executor is the person responsible for n f there are no surviving parents, any i partner or a partner with whom you passing on your estate. You can appoint an brothers and sisters (who shared the are not in a civil partnership receiving executor by naming them in your will. The same two parents as the deceased) nothing at all. courts can also appoint other people to be will get a share (or their children if responsible for doing this job. they died while the deceased was If you leave everything to your spouse or still alive) civil partner there’ll be no Inheritance Tax Once you’ve made your will, it is important n f the deceased has none of the above, i to pay, because they are classed as an to keep it in a safe place and tell your the husband, wife or registered civil exempt beneficiary. Or you may decide to executor, close friend or relative where it is. partner will get everything use your tax-free allowance to give some of your estate to someone else or to a It is advisable to review your will every five If you’re married or in family trust. Scottish law on inheritance years and after any major change in your a civil partnership and differs from English law. life, such as getting separated, married there were children or divorced, having a child or moving Your husband, wife or civil partner won’t Good reasons to make a will house. Any change must be by ‘codicil’ (an automatically get everything, although A will sets out who is to benefit from your addition, amendment or supplement to a they will receive: property and possessions (your estate) will) or by making a new will. after your death. There are many good n ersonal items, such as household p reasons to make a will: If you don’t have a will there are articles and cars, but nothing used for rules for deciding who inherits your business purposes n ou can decide how your assets are y assets, depending on your personal n 250,000 (£125,000) free of tax, or the £ shared – if you don’t have a will, the law circumstances. The following rules are for whole of the estate if it was less than says who gets what deaths on or after 1 July 2009 in England £250,000 (£125,000) n f you’re an unmarried couple i and Wales; the law differs if you die n life interest in half of the rest of the a (whether or not it’s a same-sex intestate (without a will) in Scotland or estate (on his or her death this will pass relationship), you can make sure your Northern Ireland. The rates that applied to the children) partner is provided for before that date are shown in brackets. 18 A Guide to PROTECTION Planning
  • 19. A Guide to Protection Planning The rest of the estate will be shared by n if there are no brothers or sisters, then If you feel that you have not received the children. to half brothers or sisters (or to their reasonable financial provision from children if they died while the deceased the estate, you may be able to make a If you are partners but was still alive) claim under the Inheritance (Provision aren’t married or in a n if none of the above, then to for Family and Dependants) Act 1975, civil partnership grandparents (equally if more than one) applicable in England and Wales. To If you aren’t married or registered civil n f there are no grandparents, then to aunts i make a claim you must have a particular partners, you won’t automatically get a and uncles (or their children if they died type of relationship with the deceased, share of your partner’s estate if they die while the deceased was still alive) such as child, spouse, civil partner, without making a will. n if none of the above, then to half uncles dependant or cohabitee. or aunts (or their children if they died If they haven’t provided for you in some while the deceased was still alive) Bear in mind that if you were living other way, your only option is to make a n to the Crown if there are none of with the deceased as a partner but claim under the Inheritance (Provision for the above weren’t married or in a civil partnership, Family and Dependants) Act 1975. you’ll need to show that you’ve been It’ll take longer to sort out your affairs if ‘maintained either wholly or partly by the If there is no surviving you don’t have a will. This could mean deceased.’ This can be difficult to prove spouse/civil partner extra distress for your relatives and if you’ve both contributed to your life The estate is distributed as follows: dependants until they can draw money together. You need to make a claim within from your estate. six months of the date of the Grant of n o surviving children in equal shares (or t Letters of Administration. to their children if they died while the deceased was still alive) n f there are no children, to parents i (equally, if both alive) n f there are no surviving parents, to i brothers and sisters (who shared the same two parents as the deceased), or to their children if they died while the deceased was still alive A Guide to PROTECTION Planning 19
  • 20. A Guide to Protection Planning Wealth protection Without proper tax planning, could you end up leaving a huge tax liability? In order to protect family and loved ones, and assets held in some trusts from which exempt from Inheritance Tax whether it is essential to have provisions in place you receive an income. they were made while both partners after you’re gone. The easiest way to were still alive or left to the survivor on prevent unnecessary tax payments such as Against this total value is set everything the death of the first. Tax will be due Inheritance Tax is to organise your tax affairs that you owed, such as any outstanding eventually when the surviving spouse by obtaining professional advice and having mortgages or loans, unpaid bills and costs or civil partner dies if the value of their a valid will in place to ensure that your incurred during your lifetime for which estate is more than the combined tax legacy does not involve just leaving a large bills have not been received, as well as threshold, currently £650,000. Inheritance Tax bill for your loved ones. funeral expenses. If gifts are made that affect the liability Effective Inheritance Tax planning Any amount of money given away to Inheritance Tax and the giver dies less could save your beneficiaries thousands outright to an individual is not counted than seven years later, a special relief of pounds, maybe even hundreds of for tax if the person making the gift known as ‘taper relief’ may be available. thousands depending on the size of your survives for seven years. These gifts are The relief reduces the amount of tax estate. At its simplest, Inheritance Tax is called ‘potentially exempt transfers’ and payable on a gift. the tax payable on your estate when you are useful for tax planning. die if the value of your estate exceeds In most cases, Inheritance Tax must be a certain amount. It’s also sometimes Money put into a ‘bare’ trust (a trust paid within six months from the end of payable on assets you may have given away where the beneficiary is entitled to the month in which the death occurs. If during your lifetime, including property, the trust fund at age 18) counts as a not, interest is charged on the unpaid possessions, money and investments. potentially exempt transfer, so it is amount. Tax on some assets, including possible to put money into a trust to land and buildings, can be deferred Inheritance Tax is currently paid on prevent grandchildren, for example, from and paid in instalments over ten years. amounts above £325,000 (£650,000 having access to it until they are 18. However, if the asset is sold before all for married couples and registered civil the instalments have been paid, the partnerships) for the current 2011/12 However, gifts to most other types of outstanding amount must be paid. The tax year, at a rate of 40 per cent. If the trust will be treated as chargeable lifetime Inheritance Tax threshold in force at value of your estate, including your home transfers. Chargeable lifetime transfers the time of death is used to calculate and certain gifts made in the previous up to the threshold are not subject to tax how much tax should be paid. seven years, exceeds the Inheritance Tax but amounts over this are taxed at 20 per threshold, tax will be due on the balance cent, with a further 20 per cent payable Inheritance Tax can be a complicated at 40 per cent. if the person making the gift dies within area with a variety of solutions available seven years. and, without proper tax planning; many Without proper planning, many people people could end up leaving a huge tax could end up leaving a substantial tax Some cash gifts are exempt from tax liability on their death, considerably liability on their death, considerably regardless of the seven-year rule. Regular reducing the value of the estate passing reducing the value of the estate passing gifts from after-tax income, such as a to chosen beneficiaries. So without to their chosen beneficiaries. monthly payment to a family member, Inheritance Tax planning, your family are also exempt as long as you still could be faced with a large tax liability Your estate includes everything owned in have sufficient income to maintain your when you die. To ensure that your family your name, the share of anything owned standard of living. benefits rather than the government, jointly, gifts from which you keep back it pays to plan ahead. As with most some benefit (such as a home given to a Any gifts between husbands and financial planning, early consideration son or daughter but in which you still live) wives, or registered civil partners, are and planning is essential. 20 A Guide to PROTECTION Planning
  • 21. A Guide to Protection Planning A Guide to PROTECTION Planning 21
  • 22. A Guide to Protection Planning Trust arrangements Do you have control over what happens to your estate, both immediately after your death and for generations to come? Following the changes introduced by the some of the rules regarding trusts and Beneficiary Finance Act 2006 trusts still remain an introduced some transitional rules for This is anyone who benefits from important estate planning mechanism. trusts set up before this date. the property held in the trust. The A trust arrangement can ensure that trust deed may name the beneficiaries your wealth is properly managed and A trust might be created in various individually or define a class of distributed after your death, so that it circumstances, for example: beneficiary, such as the settlor’s family. provides for the people who depend on you and is enjoyed by your heirs in the n when someone is too young to handle Trust property way you intend. their affairs This is the property (or ‘capital’) that is n when someone can’t handle their put into the trust by the settlor. It can be A trust is often the best way to achieve affairs because they’re incapacitated anything, including: flexibility in the way you pass on your n to pass on money or property while wealth to future generations. You may you’re still alive n and or buildings l decide to use a trust to pass assets to n under the terms of a will n investments beneficiaries, particularly those who n when someone dies without leaving a n money aren’t immediately able to look after their will (England and Wales only) n antiques or other valuable property own affairs. If you do use a trust to give something away, this removes it from your What is a trust? The main types estate provided you don’t use it or get any A trust is an obligation binding a person of private UK trust benefit from it. But bear in mind that gifts called a trustee to deal with property in into trust may be liable to Inheritance Tax. a particular way for the benefit of one or Bare trust more ‘beneficiaries’. In a bare trust, the property is held in the Trusts offer a means of holding and   trustee’s name but the beneficiary can managing money or property for Settlor take actual possession of both the income people who may not be ready or able The settlor creates the trust and puts and trust property whenever they want. to manage it for themselves. Used in property into it at the start, often adding The beneficiaries are named and cannot conjunction with a will, they can also more later. The settlor says in the trust be changed. help ensure that your assets are passed deed how the trust’s property and income on in accordance with your wishes after should be used. You can gift assets to a child via a you die. Here we take a look at the main bare trust while you are alive, which types of UK family trust. Trustee will be treated as a Potentially Exempt Trustees are the ‘legal owners’ of the Transfer (PET) until the child reaches When writing a will, there are several trust property and must deal with it in the age 18 (the age of majority in England kinds of trust that can be used to help way set out in the trust deed. They also and Wales), when the child can legally minimise an Inheritance Tax liability. On administer the trust. There can be one or demand his or her share of the trust 22 March 2006 the government changed more trustees.  fund from the trustees. 22 A Guide to PROTECTION Planning
  • 23. A Guide to Protection Planning All income arising within a bare trust in extended family) when they see fit. to each of the beneficiaries but none has excess of £100 per annum will be treated an automatic right to either. The trust can as belonging to the parents (assuming Where an interest in possession trust was have a widely defined class of beneficiaries, that the gift was made by the parents). in existence before 22 March 2006, the typically the settlor’s extended family. But providing the settlor survives seven underlying capital is treated as belonging years from the date of placing the to the beneficiary or beneficiaries for Discretionary trusts are a useful way to pass assets in the trust, the assets can pass Inheritance Tax purposes, for example, it on property while the settlor is still alive Inheritance Tax free to a child at age 18. has to be included as part of their estate. and allows the settlor to keep some control over it through the terms of the trust deed. Life interest or interest Transfers into interest in possession in possession trust trusts after 22 March 2006 are Discretionary trusts are often used to gift In an interest in possession trust, the taxable as follows: assets to grandchildren, as the flexible beneficiary has a legal right to all the nature of these trusts allows the settlor trust’s income (after tax and expenses) n 0 per cent tax payable based on 2 to wait and see how they turn out before but not to the property of the trust. the amount gifted into the trust at making outright gifts. the outset, which is in excess of the These trusts are typically used to leave prevailing nil rate band income arising from a trust to a second n en years after the trust was created, T surviving spouse for the rest of their and on each subsequent ten-year life. On their death, the trust property anniversary, a periodic charge, reverts to other beneficiaries (known as currently 6 per cent, is applied to the the remaindermen), who are often the portion of the trust assets that is in children from the first marriage. excess of the prevailing nil rate band n he value of the available nil rate band T You can, for example, set up an interest on each ten-year anniversary may be in possession trust in your will. You might reduced, for instance, by the initial then leave the income from the trust amount of any new gifts put into the property to your spouse for life and the trust within seven years of its creation trust property itself to your children when your spouse dies. There is also an exit charge on any distribution of trust assets between each With a life interest trust, the trustees often ten-year anniversary. have a ‘power of appointment’, which means they can appoint capital to the Discretionary trust beneficiaries (who can be from within a The trustees of a discretionary trust decide widely defined class, such as the settlor’s how much income or capital, if any, to pay A Guide to PROTECTION Planning 23
  • 24. A Guide to Protection Planning Discretionary trusts also allow for changes in per cent of the value of the trust assets. that trust and how it falls within the circumstances, such as divorce, re-marriage taxing legislation. For example, a charge and the arrival of children and stepchildren It has not been possible to create to Inheritance Tax may arise when after the establishment of the trust. accumulation and maintenance trusts putting property into some trusts, and since 22 March 2006 for Inheritance Tax on other chargeable occasions – for When any discretionary trust is wound up, purposes. Instead, they are taxed for instance, when further property is added an exit charge is payable of up to 6 per Inheritance Tax as discretionary trusts. to the trust, on distributions of capital cent of the value of the remaining assets from the trust or on the ten-yearly in the trust, subject to the reliefs for Mixed trust anniversary of the trust. business and agricultural property. A mixed trust may come about when one beneficiary of an accumulation and Accumulation and maintenance trust reaches 18 and others maintenance trust are still minors. Part of the trust then An accumulation and maintenance trust becomes an interest in possession trust. is used to provide money to look after children during the age of minority. Any Trusts for By using trusts, you have income that isn’t spent is added to the vulnerable persons control over what happens to trust property, all of which later passes These are special trusts, often your estate, both immediately to the children. discretionary trusts, arranged for a after your death and for beneficiary who is mentally or physically generations to come. In England and Wales the beneficiaries disabled. They do not suffer from the Placing assets in trust also become entitled to the trust property Inheritance Tax rules applicable to ensures that they will pass when they reach the age of 18. At that standard discretionary trusts and can be smoothly to your heirs without point the trust turns into an ‘interest used without affecting entitlement to the delays, costs and publicity in possession’ trust. The position state benefits; however, strict rules apply. often associated with probate. is different in Scotland, as, once a That’s because the assets in a beneficiary reaches the age of 16, they Tax on income trust are legally owned by the could require the trustees to hand over from UK trusts trustees, not the settlor. the trust property. Trusts are taxed as entities in their own right. The beneficiaries pay tax separately Trusts are very complicated, Accumulation and maintenance trusts on income they receive from the trust at and you may have to pay that were already established before their usual tax rates, after allowances. Inheritance Tax and/or Capital Gains Tax when putting property 22 March 2006, and where the child is Taxation of property into the trust. If you want to not entitled to access the trust property settled on trusts create a trust you should until an age up to 25, could be liable to How a particular type of trust is charged seek professional advice. an Inheritance Tax charge of up to 4.2 to tax will depend upon the nature of 24 A Guide to PROTECTION Planning
  • 25. A Guide to Protection Planning A Guide to PROTECTION Planning 25
  • 26. A Guide to Protection Planning Critical illness cover Choosing the right cover can help ease your financial pressures You really need to find the right peace limitations, which may differ between the conditions listed in the policy and of mind when faced with the difficulty insurers. Critical illness policies usually only most pay out only after a ‘survival of dealing with a critical illness. Critical pay out once, so are not a replacement for period’, which is typically 28 days. This illness cover is a long-term insurance income. Some policies offer combined life means that if you die within 28 days of policy designed to pay you a tax-free and critical illness cover. These pay out if meeting the definition of the critical lump sum on the diagnosis of certain you are diagnosed with a critical illness, or illness given in the policy, the cover life-threatening or debilitating (but not you die, whichever happens first. would not pay out. necessarily fatal) conditions, such as a heart attack, stroke, certain types/ If you already have an existing critical How much you pay for critical illness stages of cancer and multiple sclerosis. illness policy, you might find that by cover will depend on a range of factors replacing a policy you would lose some including what sort of policy you have A more comprehensive policy will cover of the benefits if you have developed any chosen, your age, the amount you want many more serious conditions, including illnesses since you took out the first policy. the policy to pay out and whether or loss of sight, permanent loss of hearing It is important to seek professional advice not you smoke. and a total and permanent disability that before considering replacing or switching stops you from working. Some policies also your policy, as pre-existing conditions may Permanent, total disability is usually provide cover against the loss of limbs. not be covered under a new policy. included in the policy. Some insurers define ‘permanent total disability’ as It’s almost impossible to predict certain Some policies allow you to increase your being unable to work as you normally events that may occur within our lives, cover, particularly after lifestyle changes would as a result of sickness, while so taking out critical illness cover for you such as marriage, moving home or having others see it as being unable to and your family, or if you run a business children. If you cannot increase the cover independently perform three or more or company, offers protection when you under your existing policy, you could ‘Activities of Daily Living’ as a result of may need it more than anything else. But consider taking out a new policy just to sickness or accident. not all conditions are necessarily covered, ‘top up’ your existing cover. which is why you should always obtain Activities of daily living include: professional advice. In May 2003, insurers A policy will provide cover only for adopted new rules set by the Association conditions defined in the policy n athing B of British Insurers that tightened the document. For a condition to be covered, n ressing and undressing D conditions under which you could claim your condition must meet the policy n ating E on critical illness insurance policies. definition exactly. This can mean that n ransferring from bed to chair and T some conditions, such as some forms back again If you are single with no dependants, of cancer, won’t be covered if deemed critical illness cover can be used to pay insufficiently severe. The good news is that medical off your mortgage, which means that you advances mean more people than ever would have fewer bills or a lump sum to Similarly, some conditions will not be are surviving conditions that might use if you became very unwell. And if covered if you suffer from them after have killed earlier generations. Critical you are part of a couple, it can provide reaching a certain age, for example, many illness cover can provide cash to allow much-needed financial support at a time policies will not cover Alzheimer’s disease you to pursue a less stressful lifestyle of emotional stress. if diagnosed after the age of 60. while you recover from illness, or you can use it for any other purpose. Don’t The illnesses covered are specified in Very few policies will pay out as soon leave it to chance – make sure you’re the policy along with any exclusions and as you receive diagnosis of any of fully covered. 26 A Guide to PROTECTION Planning
  • 27. A Guide to Protection Planning It’s almost impossible to predict certain events that may occur within our lives, so taking out critical illness cover for you and your family, or if you run a business or company, offers protection when you may need it more than anything else. A Guide to PROTECTION Planning 27
  • 28. A Guide to Protection Planning Glossary The language of protection Assured Family Income Benefit Key Person A person or persons who are A term assurance policy that pays (Key Man) Insurance insured under the terms of a regular benefits on death to the end Insurance against the death or protection policy. of the plan term. disability of a person who is vital to the profitability of a business. Convertible Term Assurance Guaranteed Premiums A term assurance plan that gives This means the premiums are Level Term Assurance the owner the option to convert the guaranteed to remain the same for the A life assurance policy that pays out policy to a whole-of-life contract or duration of the plan, unless you increase a fixed sum on the death of the life endowment, without the need for the amount of cover via ‘indexation’. assured within the plan term. No medical checks. surrender value is accumulated. Income Protection Critical Illness Cover This insurance provides you with a Life Assured Critical Illness Cover is an insurance regular tax-free income if, by reason The person whose life is insured against plan that pays out a guaranteed tax- of sickness or accident, you are death under the terms of a policy. free cash sum if you’re diagnosed unable to work, resulting in a loss as suffering from a critical illness of earnings. Income Protection is Life Insurance covered by the plan. There is no also known as Permanent Health An insurance plan that pays out payment if you die. You can take Insurance (PHI). a guaranteed cash sum if you die out the plan on your own or with during the term of the plan. Some someone else. For joint policies the Indexation term assurance plans also pay out if cash sum is normally payable only You can arrange for your insurance you are diagnosed as suffering from a once, on the first claim. benefit and premiums to increase terminal illness. You can take out the annually in line with inflation or plan on your own or with someone Decreasing Term Assurance at a fixed percentage. Premiums else. For joint life insurance policies A term assurance plan designed to are normally increased in line with the cash sum is normally payable only reduce its cover each year, decreasing RPI (Retail Prices Index) or NAEI once, on the first claim. to nil at the end of term. Decreasing (National Average Earnings Index). term assurance cover is most Long-term Care commonly used to cover a reducing Insurable Interest Insurance to cover the cost of caring debt or repayment mortgage. A legally recognised interest enabling for an individual who cannot perform a person to insure another. The a number of activities of daily living, Deferred Period insured must be financially worse off such as dressing or washing. A period of delay prior to payment on the death of the life assured. of benefits under a protection policy. Mortgage Protection Periods are normally 4, 13, 26 or 52 Joint Life Second Death ‘Mortgage life assurance’ or weeks – the longer the period the A policy that will pay out only when the ‘repayment mortgage protection’ cheaper the premium. last survivor of a joint life policy dies. is an insurance plan to cover your 28 A Guide to PROTECTION Planning
  • 29. A Guide to Protection Planning whole repayment mortgage, or Surrender Value an appropriate trust usually speeds just part of it. The policy pays out The value of a life policy if it is up the payment of proceeds to your a cash sum to meet the reducing encashed before a claim due to beneficiaries and may also assist with liability of a repayment mortgage. death or maturity. Inheritance Tax mitigation. You can take out the policy on your own or with someone else. Sum Assured Waiver of Premium For joint policies the cash sum is The benefit payable under a life If you are unable to work through normally payable only once, on the assurance policy. illness or accident for a number of first claim. months, this option ensures that your Term Assurance cover continues without you having Paid-up Plan A life assurance policy that pays out to pay the policy premiums. A policy where contributions have a lump sum on the death of the life ceased and any benefits accumulated assured within the term of the plan. Whole-Of-Life are preserved. Unlike term assurance, whole-of- Terminal Illness life policies provide life assurance Permanent Health Insurance Some life policies include this benefit protection for the life of the assured Cover that provides a regular income free of charge and this means the life individual(s). Cover may either be until retirement should you be unable insurance benefit will be paid early if provided for a fixed sum assured to work due to illness or disability. you suffer a terminal illness. on premium terms established at Also known as Income Protection. the outset or flexible terms which Total Permanent permit increases in cover once the Renewable Term Assurance Disability Cover policy is in force, within certain An ordinary term assurance policy Also known as Permanent Health pre-set limits, to reflect changing with the option to renew the plan at Insurance or Income Protection and personal circumstances. expiry without the need for further sometimes available as part of a life medical evidence. assurance policy, this pays out the benefit of a policy if you are unable Reviewable Premiums to work due to illness or disability. Plans with reviewable premiums are usually cheaper initially; Trusts however, the premiums are Many insurance companies supply reviewed regularly and can increase trust documents when arranging substantially. your policy. Placing your policy in A Guide to PROTECTION Planning 29