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20 September 2007 / Nicholas Acomb
Issue: 7289 / Categories: Features , Wills & Probate
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Good will drafting

Nicholas Acomb explains how the Finance Act 2006 has fundamentally changed the inheritance tax status of trusts

The original inheritance tax status of trusts lies in the Finance Act 1975, which replaced estate duty with capital transfer tax.

It was amended by the Inheritance Tax Act 1984 (ITA 1984), which essentially replaced capital transfer tax with inheritance tax (IHT), and was further amended by the Finance Act 1986, largely affecting lifetime gifts rather than gifts by wills.
For the last 20–30 years lawyers have become familiar with the four main types of trust which typically arise in wills:
- accumulation and maintenance (A&M) trusts;
- trusts with an interest in possession (life interest trusts);
- trusts without an interest in possession (discretionary trusts); and
- bare trusts (not really a trust at all and treated as an outright gift).

The main purpose of the Finance Act 2006 (FA 2006) is to treat all trusts as falling within the IHT regime that previously only existed for discretionary trusts—so that they incur 10-year anniversary charges and exit charges—subject to a number

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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