Q&As

Two persons, A and B, have a joint qualifying interest in possession in the trust property. On the death of the first life tenant, how is their interest in the trust property taxed for inheritance tax purposes?

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Published on LexisPSL on 16/03/2018

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

  • Two persons, A and B, have a joint qualifying interest in possession in the trust property. On the death of the first life tenant, how is their interest in the trust property taxed for inheritance tax purposes?

In answering this Q&A, we have assumed that the trust fund in question is held as to an undivided half share in trust to pay the income to A during his life, and as to the other undivided half share to pay the income to B during his life.

Where a person is entitled to part only of the income of settled property, their interest in the underlying property is deemed to be a similar proportionate amount.

The reference in the legislation to ‘the income (if any)’ (emphasis supplied) suggests that secti

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