Q&As

A client established a trust in 2012. They now wish to add an additional asset into the trust. What is the best way to transfer the asset and what are the potential tax implications of adding assets?

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Published on LexisPSL on 05/08/2016

The following Private Client Q&A provides comprehensive and up to date legal information covering:

  • A client established a trust in 2012. They now wish to add an additional asset into the trust. What is the best way to transfer the asset and what are the potential tax implications of adding assets?
  • Transfer of assets to a trust
  • The charge to IHT—the principle charge

For the purposes of this Q&A, we have assumed that this is a relevant property trust.

Transfer of assets to a trust

The requirements for the transfer of assets to a trust are the same as those for creating a trust. In order to create a valid voluntary settlement, the settlor must have done everything necessary in order to transfer the property to the trustees. The transfer must be legal to be effective and must not be against public policy or the law. Where the settlor makes a voluntary settlement and it is not completely constituted, it will be unenforceable. The court will not complete an incomplete gift. The property must be transferred into the trust in the appropriate format according to the nature of the property. Ensure that all the formal requirements for the transfer are c

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