Q&As

If a testator wishes a guardian to have the right to live in their property while they look after their children, do they need to grant a specific right to reside in their Will? What would be the inheritance tax (IHT) implications of this? In particular, would the property be charged to IHT as part of the guardian's estate on their death?

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Published on LexisPSL on 19/04/2018

The following Wills & Probate Q&A provides comprehensive and up to date legal information covering:

  • If a testator wishes a guardian to have the right to live in their property while they look after their children, do they need to grant a specific right to reside in their Will? What would be the inheritance tax (IHT) implications of this? In particular, would the property be charged to IHT as part of the guardian's estate on their death?

Under section 5(3) of the Children Act 1989 (ChA 1989), a parent who has parental responsibility for a child may appoint another individual to be the child's guardian in the event of their death. The appointment of the guardian may not automatically take effect on the death of the appointing person. See Practice Note: Guardianship for more information.

The guardian would need to be granted a life interest under a trust or a right of occupation under the testator’s Will. A right of occupation can also generate an interest in posses

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