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Ground
Rules of Estate Planning |
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How
much to give away
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Factors
to be taken into account:
- Ill
health
- Separation
or divorce
- Retirement
- Death
of one of the parties to the marriage
- Effects
of inflation on the purchasing power of income and on the value
of retained capital
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What
to Give Away
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Assets
likely to appreciate in value should be considered for lifetime
giving.
Gifts
of assets before the increase in value ensures the growth occurs
in the estate and freezes the value of the gift at the value at
the time of the gift which will be relevant should death occur within
7 years.
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How
to give away
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Outright
gifts are straight forward but are inflexible. If circumstances
change the gift once made cannot be recovered. If the proposed person
receiving a gift is a child, a substantial gift would not be sensible.
An
outright gift may become inappropriate. For instance a person may
become addicted to drugs and so be better able to fund the addiction
or may become mentally or physically handicapped when the money
might be better spent for him or her rather than given to him or
her.
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Gifts
into trust provide flexibility
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Gifts
into trust provide flexibility Unexpected events do occur and flexibility
is an important part of planning. However trusts require proper
administration.
Dealing
with income and investment of trust funds, preparing trust accounts
and making tax returns for the trust all cost time and money. This
must be weighed against the advantage of flexibility. So too must
possible adverse changes in tax law affecting trusts.
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