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The Inheritance Tax Puzzle of an Unmarried Couple

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The Inheritance Tax Puzzle of an Unmarried Couple

Derek (68) and Susan (66) have lived together for 20 years but never married or formed a civil partnership. Derek owns the house they share (worth £450,000) in his sole name and has £300,000 in savings and investments. Susan has £40,000 in savings. Derek's will leaves everything to his adult son from a previous marriage. Derek assumes Susan will be 'looked after' because they are a couple, and believes inheritance tax will not apply because 'we're not married so there's nothing to tax'. Derek's estate is currently valued at £750,000 and he has made no lifetime gifts.

1. Explain the inheritance tax and estate-planning consequences of Derek and Susan not being married, and correct his misconceptions.

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Key misconception

  • Derek believes being unmarried means 'nothing to tax'. The opposite is true: the spouse/civil partner exemption does not apply, so anything passing to Susan would be a chargeable transfer.
  • His will leaves everything to his son, so Susan would inherit nothing - she has no automatic right to the house regardless of 20 years together. This is the most urgent issue.

IHT position

  • Estate £750,000. The nil-rate band is £325,000 and the residence nil-rate band can add up to £175,000 where a main residence passes to direct descendants (his son qualifies).
  • On those figures, up to £500,000 could be sheltered, leaving roughly £250,000 chargeable at 40% = £100,000, before any other reliefs. (Exact figures depend on the RNRB taper and available bands.)
  • Because they are unmarried, no transferable nil-rate band and no spouse exemption protect Susan.

Estate-planning consequences

  • Susan could be left homeless on Derek's death.
  • Any gift to Susan during life would be a potentially exempt transfer that becomes chargeable if Derek dies within 7 years.

Correction: being unmarried increases, not removes, the tax and vulnerability.

2. Recommend practical steps Derek and Susan could take, weighing the options.

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Options

  1. Make a will - Derek should revise his will to provide for Susan, e.g. a life interest trust giving her the right to live in the house for life, with the remainder to his son. This protects Susan without disinheriting his son.
  2. Consider marriage or civil partnership - this would bring the spouse exemption (unlimited transfers between them) and the transferable nil-rate band, potentially eliminating much of the IHT. This is a personal decision, not purely financial, and should be presented neutrally.
  3. Review ownership of the home - transferring a share to Susan could protect her, but may trigger CGT and IHT issues; advice needed.
  4. Lifetime gifts - Derek could make PETs to Susan or his son, but must consider the 7-year rule and his own needs.
  5. Pensions and nominations - check beneficiary nominations.

Weighing

  • The life-interest trust is the most flexible protection if they do not wish to marry.
  • Marriage is the most tax-efficient but changes their personal status.
  • Any transfer of the home must be checked for CGT, IHT (gifts with reservation) and care-fee implications.

Judgement: the priority is Susan's security (a will and trust), then tax efficiency; Derek should not assume the current will is adequate.