header-logo header-logo

22 May 2026 / Stephen Horscroft
Issue: 8162 / Categories: Features , Trusts , Inheritance tax
printer mail-detail

Tax matters

250389
© Getty images
Disabled person’s trust or standard discretionary trust? Stephen Horscroft explores strategic considerations for modern estate planning
  • Disabled person’s trusts can provide substantial inheritance tax, income tax and capital gains tax (CGT) advantages while protecting means-tested benefits, but only where strict statutory eligibility requirements are satisfied.
  • Standard discretionary trusts remain valuable where flexibility, wider family benefit or CGT holdover relief are priorities, making the choice of structure highly dependent on the client’s long-term objectives and family circumstances.

Families who wish to provide for a vulnerable or disabled beneficiary are presented with the challenge of how to deliver lasting financial protection without undermining vital state support or exposing the individual to financial risk. Trust structures are central to this planning, but the distinctions between disabled person’s trusts (which benefit from the bespoke tax regime in s 89 of the Inheritance Tax Act 1984) and a standard discretionary trust need careful consideration. Deciding which structure works best in the circumstances requires a nuanced understanding of tax regimes, statutory definitions of disability, and the client’s circumstances

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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
back-to-top-scroll