The ‘Bank of Mum & Dad’ - A Guide for Conveyancing & Private Client Professionals
It is increasingly common for parents to contribute to their child’s house purchase. Often decisions have been made quickly and not necessarily thought through by the clients when we receive the call to appoint us in the conveyancing transaction.
This webinar is aimed at busy conveyancing and private client practitioners and will highlight points which need special consideration such as the tax implications of the transaction, most notably with the introduction of the higher rate of SDLT.
This will help to ensure that opportunities to protect your clients’ interests are not missed and may even boost referrals between the two departments in your firm.
What You Will Learn
The webinar will cover the following:
- Starting Point
- Establish if it is to be a gift/beneficial interest/loan; who advises on this?
- Where is the money coming from? Parents, a family trust, an inheritance from a parent or grandparent’s estate?
- Steps to Take for Gift:
- Declaration of trust for the child and partner
- Examples of ways the declaration of trust can be drafted
- Who can we act for? If we are acting for the parents/trust what are the IHT implications of the gift and are there are any opportunities to mitigate?
- Steps to Take for Beneficial Interest:
- Do the higher rates of SDLT apply?
- Consideration of Schedule 4ZA Finance Act 2003
- If higher rates apply, who pays?
- Preparation of the declaration of trust. Examples of the way it can be drafted
- Who can we act for? If we are acting for the parents, consider the CGT implications if they are to benefit from growth in their contribution under the terms of the declaration of trust
- Steps to Take for a Loan:
- Is the loan to be formally documented and secured? If so, who can we act for?
- Is this type of loan regulated under the Consumer Credit Act?
- Has the mortgage company consented to second charge?
- Conclusion - What are the consequences if the child and partner separate?
This pre-recorded webinar will be streamed at 12:30pm on Friday 13th March 2020 and will remain available to view by delegates who have registered by then for 90 days.