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Backdating allocation of marital assets into survivor trust

Backdating allocation of marital assets into survivor trust


The other trust is treated as receiving the residue of the estate. The Government argued that schemes could not afford to provide equality to civil partners. To illustrate the issue, let us look at a hypothetical estate consisting of only five assets—a house, cash, and three stocks. It is strongly arguable that continuing to define marriage as a relationship "between man and wife" will soon be held to be in conflict with the Convention. Other fundamental protections in the Bill included safeguards for partners in adverse circumstances such as ill health or domestic violence. Failure to backdate pensions The key flaw with the Act as initially drafted concerned survivor pensions. There was also a provision to treat civil partners as a single unit for the purpose of assessing certain means-tested benefits. Both of these options mean the estate must incur the cost of updating the appraisals of all assets, and the first option may generate an unexpected income tax liability. Similarly, there may be income tax savings from not having a portion of the income taxed at trust rates. The Bill provided for the registration of a relationship between two individuals, setting out the conditions that must be satisfied before the relationship can be registered. The Law Lords pointed out that affording heterosexual couples more favourable treatment did not serve the aim of protecting the family or encouraging stable relationships.

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Backdating allocation of marital assets into survivor trust. Backdating allocation of marital assets into survivor trust.

Backdating allocation of marital assets into survivor trust


The other trust is treated as receiving the residue of the estate. The Government argued that schemes could not afford to provide equality to civil partners. To illustrate the issue, let us look at a hypothetical estate consisting of only five assets—a house, cash, and three stocks. It is strongly arguable that continuing to define marriage as a relationship "between man and wife" will soon be held to be in conflict with the Convention. Other fundamental protections in the Bill included safeguards for partners in adverse circumstances such as ill health or domestic violence. Failure to backdate pensions The key flaw with the Act as initially drafted concerned survivor pensions. There was also a provision to treat civil partners as a single unit for the purpose of assessing certain means-tested benefits. Both of these options mean the estate must incur the cost of updating the appraisals of all assets, and the first option may generate an unexpected income tax liability. Similarly, there may be income tax savings from not having a portion of the income taxed at trust rates. The Bill provided for the registration of a relationship between two individuals, setting out the conditions that must be satisfied before the relationship can be registered. The Law Lords pointed out that affording heterosexual couples more favourable treatment did not serve the aim of protecting the family or encouraging stable relationships.

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4 thoughts on “Backdating allocation of marital assets into survivor trust

  1. [RANDKEYWORD
    Gardasar

    The majority of the House of Lords accepted this when the Bill returned to them, and the second attempt to wreck the Bill was defeated.

  2. [RANDKEYWORD
    Mulkis

    The amendment therefore puts surviving civil partners in the same position as widowers, and is a great improvement to the rights of same-sex couples who enter into a civil partnership.

  3. [RANDKEYWORD
    Zulkizuru

    Belgium, the Netherlands and the Canadian provinces of Ontario, Quebec and British Columbia had already legalised same-sex marriage.

  4. [RANDKEYWORD
    Brataur

    The amendment was widely condemned, most notably by the Parliamentary Joint Committee on Human Rights, of which Anthony Lester was a member.

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