header-logo header-logo

27 April 2007 / Stewart Jordan
Issue: 7270 / Categories: Features , Tax , Procedure & practice
printer mail-detail

An Easier Life

Stewart Jordan advises on how to administer nil rate band discretionary trusts

Most practitioners, whether advising on lifetime tax planning or advising executors after the death of the first spouse or civil partner, can deliver a well rehearsed speech on the importance of including a nil rate band legacy in wills. This will usually be followed by a broad-brush outline of the mechanics of implementing the arrangement after the first death, ie by using a debt or charge to satisfy the nil rate band legacy in situations where the family home is the most significant asset. Before the trust is constituted, how many practitioners have considered the administrative and compliance aspects of running these trusts?

Consider these typical cases:

  • Scenario 1 There are insufficient liquid assets in the estate to satisfy the entire nil rate band legacy. However, the deceased spouse’s half share of the family home is of sufficient value to satisfy the entire legacy.
  • Scenario 2 The deceased spouse’s half share of the family home is worth less than the nil
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
back-to-top-scroll