Property passing outside the estate - Pension scheme benefits

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Explore how pension benefits factor into estate planning, focusing on legal guidelines, tax considerations, and strategic approaches for the SQE1 FLK2 exam.

Overview

Understanding how pension benefits bypass the estate is vital for SQE1 FLK2 candidates. This area bridges estate planning, tax law, and pension regulations, presenting unique opportunities in asset transfer and tax management. This article delves into the legal processes, tax considerations, and strategies governing pension benefits in estate planning, providing a thorough resource for exam preparation.

Legal Framework

Pension benefits in estate planning are primarily governed by two major laws:

  1. Inheritance Tax Act 1984 (IHTA 1984): Section 151 allows certain pension benefits to be excluded from estate values for inheritance tax purposes.

  2. Pension Schemes Act 2015: Introduced key reforms increasing flexibility in the handling of pension benefits after death.

The Pensions Regulator and HM Revenue & Customs (HMRC) provide guidance that is crucial for legal and financial professionals.

Estate Exclusion Process

Pension benefits usually bypass the estate through "nomination," involving:

  1. Expression of Wish: The member specifies preferred beneficiaries.
  2. Trustee Discretion: Trustees ultimately decide benefit distribution.
  3. Direct Transfer: Benefits go straight to beneficiaries, avoiding probate.

The exclusion is based on trust law. The pension operates as a discretionary trust, separating pension assets from personal estates.

Tax Considerations

Tax on pension transfers depends on the deceased's age:

Death Before Age 75

  • Lump Sum Payments: Typically tax-free.
  • Drawdown or Annuity: Generally tax-free income.

Death After Age 75

  • Lump Sum Payments: Taxed at the recipient’s income rate.
  • Drawdown or Annuity: Income taxed at their rate.

Inheritance Tax

Pension benefits, due to their trust-based nature, usually fall outside inheritance tax (IHT), though exceptions exist. Transfers made within two years of death might face scrutiny under IHTA 1984.

Strategic Use of Trusts

Using trusts in pension planning can control asset distribution and potentially improve tax outcomes:

Discretionary Trusts

  • Allow flexible management
  • Enable response to changing family needs
  • Help in distributing income among beneficiaries to minimize taxes

Pilot Trusts

  • Provide phased benefit release
  • Potentially reduce future IHT liabilities on asset growth

Examples and Case Studies

Example 1: Pension Transfer and IHT Effects

Dr. Smith, aged 73, transfers £500,000 to a new scheme and nominates her children as beneficiaries, passing away 18 months later. If the transfer wasn’t intended for IHT evasion and she was healthy, the benefits likely remain outside her estate.

Example 2: Using Pilot Trusts

Mrs. Johnson, 68, establishes three pilot trusts funded nomically. Her pension funds are directed to these trusts, allowing for strategic distribution and tax planning.

Recent Legal Developments

Re Denley's Trust Deed [1969] 1 Ch 373

This case reinforces discretionary trust principles, vital for pension trusts, confirming beneficiaries don't hold proprietary interests.

HMRC v Parry & Ors [2020] UKSC 35

The Supreme Court highlighted the role of intentions and health in determining tax on pension transfers shortly before death.

Strategic Considerations for SQE1 FLK2 Candidates

For questions on pension benefits and estate planning, candidates should:

  1. Identify pension scheme types
  2. Consider age impacts on tax
  3. Assess nomination validity
  4. Evaluate trust structures for benefit and tax implications
  5. Apply relevant laws, particularly IHTA 1984 and the Pension Schemes Act 2015
  6. Consider recent case law for current scenarios

Conclusion

The relationship between pension benefits and estate planning is a complex, essential topic for SQE1 FLK2 study. To practice effectively, understanding how pensions pass outside the estate, the tax implications, and using trusts strategically is key. As legislation changes, keeping informed about developments and their implications remains crucial for sound legal advice.

Key Points:

  • Pension benefits often bypass the estate through trustee discretion
  • Tax treatment differs based on age, before or after 75
  • Trusts increase flexibility and tax efficiency
  • Recent cases have clarified pension-related IHT
  • Mastering the interplay of pension, trust, and tax law is essential for success