Commentary

I12.1116 Trusts in the wills of spouses or civil partners—older couples

IHT, trusts and estates

I12.1116 Trusts in the wills of spouses or civil partners—older couples

I12.1116 Trusts in the wills of spouses or civil partners—older couples

The advent of nil-rate band carry-forward means that nil-rate band discretionary trusts are no longer needed to make sure of making use of the nil-rate band of the first to die of a married couple or civil partnership, except in special circumstances. See I12.1117 for the circumstances in which nil-rate band discretionary trusts may still be worth using. The usual arrangement, and one which will take maximum advantage of nil-rate band carry forward, will be an exempt testamentary gift by the first to die of substantially the whole of

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