Q&A considers whether further 100% relievable agricultural or business property can be added by the same settlor to a pre‑30 October 2024 trust on or after 6 April 2026, and the impact on the settlor’s £2.5 million combined allowance and the 100% trust relief allowance for trusts settled after that date.

Q&A considers whether further 100% relievable agricultural or business property can be added by the same settlor to a pre‑30 October 2024 trust on or after 6 April 2026, and the impact on the settlor’s £2.5 million combined allowance and the 100% trust relief allowance for trusts settled after that date.

This Q&A considers, where a testator was domiciled in jurisdiction A, not being England & Wales, both at the time when they executed a Will and when they subsequently entered into a valid marriage in jurisdiction A, the law that determines whether the marriage has revoked the Will.

This Q&A considers whether a trust of a life policy, which otherwise falls within the definition of an 'excluded trust' as set out in the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, Sch 3A, para 4 loses its excluded trust status if it opens a non-interest bearing bank account to pay insurance premiums for the policy.

This Q&A considers whether, where a trust subject to a qualifying interest in possession, terminates on the death of the life tenant, can the trustees transfer the trust property to the personal representative of the deceased life tenant and request that the personal representative pay any inheritance tax liability in respect of the trust property.

This Q&A considers the extent to which a trustee is able to recover expenses and costs incurred in the performance of their duties as trustee from the trust fund and the extent to which they are personally liable for excessive expenses.

This Q&A considers where an IPFDA 1975 claim is intimated against an estate that has two beneficiaries, and one beneficiary is willing to engage in ADR and consider settlement, but the other refuses to contemplate either, is it possible for the former to enter into a settlement with the Claimant (C) so far as the claim against ‘their half’ of the estate is concerned, leaving C to fight on against the other beneficiary? Could that be done in such a way so that any award of costs later made in C's favour does not impact the entitlement of the beneficiary that has settled?

This Q&A considers if, where an estate meets the requirements for the informal tax reporting procedures such that they have not yet completed a Trust and Estate Tax Return SA900 and no income tax has yet been paid by the PRs on estate income, what should be recorded on a Form R185 (Estate Income) for an interim income distribution made to trustees of a Will trust. It also considers whether the R185 (Estate Income) should refer to any income tax that is likely to be paid by the PRs at the end of the administration period.

This Q&A explores whether it would be inappropriate for an executor with power reserved to arrange and pay for valuations of estate property, and whether such actions could be deemed intermeddling.

This Q&A considers whether inheritance tax is chargeable on the value of trust property both upon the death of individual A, who leaves their estate by Will to a qualifying interest in possession trust with B as the life tenant and upon B’s subsequent death. It also considers how such a trust interest should be reported to HMRC using the IHT400 form.

This Q&A considers whether, if where an individual dies in England and Wales leaving a valid Will to deal with the administration of their estate worldwide, and the deceased owned assets in the Republic of Ireland as at the date of death, does the estate need to make payments to HMRC for IHT where Capital Acquisition Tax (CAT) (Irish IHT equivalent), tax has already been paid in the Republic of Ireland. It also considers if the estate does not have to pay tax that has already been paid in the Republic of Ireland, are the executors of the estate under any obligations/duties towards HMRC.

This Q&A contains links to further guidance on the validity of Wills under Wills Act 1963 and on the possible application of English private international law where the estate's foreign element is the Scottish domicile of the testator or the situs of assets in Scotland at their death.