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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

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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