Wills, Probate and Advising the Elderly Spring Update 2025

KEY SUBJECTS

• PRIVATE CLIENT TAX UPDATE
• ADMINISTRATION OF ESTATES: TIPS AND TRAPS
• OLDER CLIENT UPDATE
• INHERITANCE TAX TIPS AND TRAPS IN ESTATES AND TRUSTS
• ENDING A TRUST
• END OF LIFE DECISIONS

SPEAKERS

John Bunker, Solicitor, Chartered Tax Adviser and Lecturer

Professor Lesley King, Professional Development Consultant, University of Law

Caroline Bielanska, Solicitor, TEP, Independent Consultant, Mediator, Author and Trainer

CONFERENCE PROGRAMME

09.30am CHAIRMAN’S INTRODUCTION

PRIVATE CLIENT TAX UPDATE

The controversy around the first Rachel Reeves Budget on 30 October, especially with farmers, reflects the huge changes planned; but the scope of the changes goes beyond farms, businesses and pensions, and includes all estates with a continued stealth tax squeeze on IHT until 2030. What do these changes mean for advising clients:

• The new cap on business and agricultural 100% relief, from April 2026:
  • The £1m allowances for individuals and trusts, and how they might work
  • How farmers get their much talked about “up to £3m tax free”
  • New opportunities for lifetime succession planning
• The planned inclusion of pensions in the IHT net from 2027:
  • What this means for practice, the role of executors and will drafting
  • How pensions will mean many estates losing RNRB
  • Tax planning needed to prepare for the huge changes?
• Income and Capital gains are squeezed for another 3 years to April 2028, so how can we help clients?

John Bunker, Solicitor, Chartered Tax Adviser and Lecturer

ADMINISTRATION OF ESTATES: TIPS AND TRAPS

This session will look at some common problems and how to deal with them. It will include:

• Funding IHT – recent changes
• The increase in interest rates on unpaid tax
• The dangers of penalties
• Registration on the PRs – when do PRs have to register and on what?
• The reduced rate of IHT
• When to use post-death variations and IHTA 1984, s144 and when not to

Professor Lesley King, Professional Development Consultant, University of Law

OLDER CLIENT UPDATE

The pre-death area of law continues to keep the profession on their toes, with changes to practice and this session will provide the key update and practical tips on:

• Court of Protection deputyship practice
• Capacity case law
• Modernising Lasting Powers of Attorney
• Social Care case law

Caroline Bielanska, Solicitor, TEP, Independent Consultant, Mediator, Author and Trainer

INHERITANCE TAX TIPS AND TRAPS IN ESTATES AND TRUSTS

Wills are drafted, and estates administered, primarily to ensure the right beneficiaries benefit in accordance with the testator’s wishes. But there are often IHT issues that need to be considered, with more or less good ways to leave benefits for IHT purposes. Sometimes the IHT advantage may not be immediate, but on a later death, and clients may not want to spend more now for that better later result, but can we give clients options to consider? This talk will explore current issues for IHT planning by wills and trusts, and issues arising in estate administration, both specific tips to take up and some traps to avoid!

This talk will consider:

• Provisions in wills that might inadvertently increase IHT or reduce it
• Variations of estates and trusts to consider within 2 years of death
• Specific drafting of wills and trusts clients might wish to consider for mitigating IHT
• Steps to watch to help clients avoid traps

John Bunker, Solicitor, Chartered Tax Adviser and Lecturer

ENDING A TRUST

A trust may end automatically, for example on the death of the life tenant or when beneficiaries fulfil an age contingency. Alternatively, the trust may be wound up by the trustees exercising a power to under the trust instrument (a power of appointment or a power to apply capital for the advancement or benefit of beneficiaries).

Whenever a trust ends and for whatever reason, there are certain things to consider. This session will look at:

• Standard matters which trustees need to consider whatever the type of trust

• Matters relevant to the ending of a life interest trust on death
  • Who are the beneficiaries?
  • Are they absolutely entitled?
  • Is there a transitional serial interest?
  • What if a remainder beneficiary has predeceased?
  • What if the remainder interest has not been disposed of?
• Matters relevant when trustees exercise their powers to end a trust
  • Are the trustees exercising their powers for a proper purpose?
  • What formalities have to be complied with?
  • What should a distribution document contain?

Professor Lesley King, Professional Development Consultant, University of Law

END OF LIFE DECISIONS

With the Terminally Ill Adults (End of Life) Bill going through parliament it is timely to reflect on advice clients may need relating to end of life decision making. It is estimated that 5% of the population have made advance decisions, and yet the vast majority have not been drafted by lawyers. This session will look at how best to draft an advance decision and how to avoid conflict with a health and welfare LPA.

• An overview of the proposed changes to assisted dying
• The difference between advance decisions and a health and welfare LPA
• Drafting advance decisions
• When they are valid and applicable
• Avoiding conflict with a health and welfare LPA

Caroline Bielanska, Solicitor, TEP, Independent Consultant, Mediator, Author and Trainer

5.00pm CLOSE OF PROCEEDINGS