Latest News

Winning but at what cost?


The recent reports surrounding the late Jack Charlton's 1966 World Cup winner's medal has brought an often-overlooked aspect of inheritance tax (IHT) into the public spotlight.

According to Jack’s son, John Charlton, his late father was one of the last surviving members of England’s historic 1966 World Cup winning team to retain his winner’s medal and that when he passed, under the terms of Jack’s Will, John was specifically bequeathed his Winner’s medal. Receiving such an iconic piece of sporting history would undoubtedly have carried great personal significance for his son, representing not only his father's remarkable achievement but also a unique connection to one of England's greatest sporting moments. However, due to the potential inheritance tax liability associated with the valuable asset, he returned it to his mother and Jack’s wife, to potentially defer or mitigate an immediate inheritance tax liability.

Jack Charlton, who passed away at age 85 in 2020, was part of the England team that won the 1966 World Cup, alongside his brother Bobby Charlton. John explained on talkSPORT that although the medal was left to him by his father, HMRC valued the medal as part of Jack’s estate, creating a potential Inheritance tax liability of £200,000 in Inheritance Tax. Faced with this difficult decision, John chose to return the medal to his mother and Jack’s wife rather than inheriting it himself (presumably by way of an Instrument of Variation or a Disclaimer).

While the story has attracted attention because of the historic significance of the medal, the legal issues are far from unique. Valuable personal possessions, including artwork, jewellery, classic cars, sporting memorabilia and family heirlooms can all create significant inheritance tax liabilities where they form part of a high-value estate.

Sentimental value can come with a substantial tax cost

Inheritance tax is charged on the value of a deceased person's estate, not on whether beneficiaries intend to sell inherited assets. As seen in this instance, this can create difficult situations where an asset has considerable sentimental importance but limited liquidity. A beneficiary may find themselves facing a substantial tax bill despite having no desire to dispose of the asset.

For high-net-worth families, this issue frequently arises where wealth is concentrated in illiquid assets, such as property, private company shares or valuable collections.

Planning ahead can preserve family wealth

The Charlton family's experience illustrates why inheritance tax planning should begin well before it becomes necessary. Depending on individual circumstances, effective planning may include:

  • making lifetime gifts;
  • utilising available reliefs and exemptions;
  • considering trust structures;
  • reviewing ownership of valuable assets; and
  • ensuring Wills are drafted with tax efficiency in mind.

No single solution is appropriate for every family, but proactive planning can significantly reduce the risk of beneficiaries facing unexpected tax liabilities or difficult decisions over treasured family assets.

Post-death planning: could a Deed of Variation help?

Inheritance tax planning does not always end on death. In some circumstances, beneficiaries may be able to alter the distribution of an estate using a Deed of Variation.

A Deed of Variation allows the beneficiaries of an estate to redirect all or part of their inheritance after death. Where it is executed within two years of death and the relevant statutory requirements are met, the variation can be treated for inheritance tax purposes as though the deceased had made the revised gift in their Will. This can provide valuable flexibility where the original distribution no longer reflects the family's tax planning objectives or personal circumstances.

Whether a Deed of Variation was utilised by the Charlton family to redirect the medal from John to Jack’s mother cannot be determined without knowing the full details. However, the case serves as a useful reminder that beneficiaries are not always limited to accepting an inheritance exactly as per the terms of the Will or indeed as per the Statutory rules in the case of an intestacy. Post-death planning opportunities should be considered as part of the overall administration of an estate where appropriate.

A reminder for owners of valuable collections

Whether an estate includes sporting memorabilia, fine art, antiques or other high-value collectibles, obtaining accurate professional valuations and reviewing inheritance tax exposure should form part of any comprehensive estate plan.

The publicity surrounding Jack Charlton's medal serves as a reminder that inheritance tax is not simply an issue for cash-rich estates. It can affect any family whose wealth includes valuable personal possessions, particularly where those assets carry significant sentimental as well as financial value.

At Elliotts Legal, our Private Client team advises individuals, families and business owners on inheritance tax planning, succession planning and the preservation of high-value estates. Early, tailored advice can help ensure that family wealth and the assets that matter most are passed on in accordance with your wishes, while mitigating against unnecessary tax exposure. Contact us today.