Welcome to 40-FI Learning
Explore our free Learning Pathways on Estate Planning, Inheritance and Care Planning, aimed at simplifying what we know can be complex ground to cover by yourself.
Estate Planning.
For those who want to learn more about the core concepts, processes, products and services which ensure the safeguarding of your assets.
Inheritance.
Demystify what actually happens when you're either leaving (Benefactor) or being left (Beneficiary) money or assets.
Care Planning.
Understand how to navigate the care process, including coordination, financing, and legal requirements when someone you love is considering long-term care.
Explore key terms and concepts for Estate Planning, Inheritance and Care Planning below.
Documents
Will – A legal document setting out how your estate is distributed after death.
Codicil – A formal amendment to an existing will.
Letter of Wishes – A non-binding document guiding executors/trustees on personal matters (e.g., funeral wishes).
Lasting Power of Attorney (LPA) – A legal document appointing someone to make decisions on your behalf while you’re alive (separate types for Health & Welfare and Property & Financial Affairs).
Grant of Probate – Court-issued authority allowing executors to administer an estate (when there is a valid will).
Letters of Administration – Court-issued authority for administrators to manage an estate (when there is no will).
Death Certificate – Official registration of death; required to start probate and manage estate affairs.
Trust Deed – A legal document creating and governing a trust.
Deed of Variation – Allows beneficiaries to change the distribution of an estate (within 2 years of death).
People & Roles
Testator/Testatrix – The person making the will.
Executor – Person(s) appointed in a will to administer the estate.
Administrator – Person appointed by the court to manage an estate without a will.
Beneficiary – Individual or organisation inheriting from an estate.
Trustee – Person(s) responsible for managing a trust.
Guardian – Person appointed to look after minor children if parents die.
Attorney – Someone appointed under a Power of Attorney.
Personal Representative (PR) – General term for executors and administrators.
Processes
Probate – The legal process of proving a will and administering the estate.
Intestacy – When someone dies without a valid will; estate is distributed under UK intestacy rules.
Estate Administration – Collecting assets, paying debts/taxes, and distributing inheritance.
Estate Account – A record of estate assets, debts, income, and distributions.
Residuary Estate – What’s left after debts, taxes, and specific gifts are settled.
Specific Gift / Bequest – A defined gift left in a will (e.g., “my wedding ring to my daughter”).
Pecuniary Legacy – A gift of a specific amount of money.
Intestate Heirs – Relatives entitled to inherit when no will exists.
Taxes & Reliefs
Inheritance Tax (IHT) – Tax on an estate above certain thresholds.
Nil Rate Band (NRB) – The threshold (£325,000 as of 2025) below which IHT is not payable.
Residence Nil Rate Band (RNRB) – Additional allowance when passing on the family home to direct descendants.
Annual Exemption – £3,000 per year that can be gifted free of IHT.
Small Gifts Exemption – Up to £250 per recipient per year without IHT.
Seven-Year Rule – Gifting rule: gifts made more than 7 years before death are usually exempt from IHT.
Potentially Exempt Transfer (PET) – A lifetime gift that becomes tax-free if the donor survives 7 years.
Chargeable Lifetime Transfer (CLT) – A gift into certain trusts which may trigger lifetime IHT.
Business Property Relief (BPR) – Reduces the value of business assets for IHT purposes.
Agricultural Property Relief (APR) – Reduces the value of qualifying farmland/property for IHT.
Trusts & Asset Protection
Bare Trust – Assets held for a named beneficiary who becomes entitled at 18.
Discretionary Trust – Trustees decide how/when to distribute assets.
Life Interest (Interest in Possession) Trust – Beneficiary entitled to income for life, capital passes later to others.
Charitable Trust – Assets held for charitable purposes.
Settlor – The person who creates a trust.
Trust Fund – The assets held within a trust.
Property & Assets
Estate – The total of a person’s property, money, and possessions at death.
Joint Tenancy – Property ownership where the survivor automatically inherits the deceased’s share.
Tenancy in Common – Property ownership where shares pass under the will/intestacy, not automatically to co-owner.
Chattels – Personal possessions such as jewellery, furniture, or vehicles.
Residuary Estate – The “remainder” after debts, expenses, and gifts.
Digital Assets – Online accounts, social media, digital currencies, etc.
Financial Products & Tools
Life Insurance – Policy that pays out a lump sum on death; can help cover IHT or provide for dependants.
Pension Death Benefits – Pension funds that may pass to beneficiaries, often tax-efficient.
Trustee Investments – Investments made by trustees on behalf of beneficiaries.
Gift with Reservation of Benefit – Asset given away but still used by the giver (e.g., giving away a house but continuing to live in it) – usually ineffective for IHT planning.
Disputes & Challenges
Contested Will – When a will is challenged in court.
Lack of Capacity – Claim that the testator did not have mental capacity when making the will.
Undue Influence – Claim that the testator was pressured into making provisions.
Inheritance Act Claim (1975 Act) – Allows certain dependants to claim “reasonable financial provision” if excluded.
Caveat – A formal notice preventing probate from being granted until a dispute is resolved.
Support & Services
Probate Registry – UK court service handling probate applications.
HMRC (Her Majesty’s Revenue & Customs) – Handles inheritance tax collection.
Solicitor – Legal professional advising on wills, probate, and disputes.
Chartered Financial Planner – Adviser on inheritance tax planning and investment strategies.
STEP Practitioner – Specialist in trusts and estates (Society of Trust and Estate Practitioners).
Executor Services / Probate Services – Firms offering professional estate administration.