Q&As

If you have a lifetime interest in a property, this will form part of your estate for IHT purposes. Is the same true if you have a right to occupy a property?

read titleRead full title
Published on LexisPSL on 21/04/2017

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

  • If you have a lifetime interest in a property, this will form part of your estate for IHT purposes. Is the same true if you have a right to occupy a property?

If you have a lifetime interest in a property, this will form part of your estate for IHT purposes. Is the same true if you have a right to occupy a property?

We have assumed for the purposes of this Q&A that the property is left to trustees subject to a right for a person to live in or occupy it for their life and after their death for the property to pass to defined beneficiaries. Such situations most generally arise when, say, a husband owns the family home and wishes to make sure that his (second) wife is able to remain living in the property after his death, even though the house itself has been left to their children. His will would create a life interest trust or declare the wife has a right of occupation.

However, most generally, a life interest trust would arise where the wife would not only have

Popular documents