Neil MacGillivray: Common sense (finally) prevails on IHT

Supreme Court ruling

clock • 4 min read

Advisers breathed a collective sigh of relief following the Supreme Court's decision in the Staveley case, around IHT on transfers made by clients in ill-health. Here Neil MacGillivray reflects on the ground-breaking judgement, which echoed a case he'd tried to help an adviser with several years ago …

It wasn't quite as contentious as "Staveley", but was still based on HM Revenue & Custom's (HMRC) opinion that there can be inheritance tax (IHT) consequences where a person in ill-health transfers from one pension scheme to another, and these can have serious implications.   The adviser was asked by a friend, who was terminally ill, to help him put his affairs in order. As part of the review, the adviser recommended that his friend, and now client, should transfer his three personal pension schemes into one arrangement. The reason was simply to reduce the administrative burden on his de...

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