Commentary

I5.148 Discretionary trusts and class gifts

IHT, trusts and estates

I5.148 Discretionary trusts and class gifts

I5.148 Discretionary trusts and class gifts

Take a discretionary trust of income in favour of a class of which all the members had died except one. The problem of whether there is an interest in possession for IHT purposes when there is in existence only one member of a class of objects of a discretion was considered by the High Court in Moore and Osborne1.

In Moore and Osborne the settlement (made in 1951) contained a discretionary trust of income of which the class of objects was the settlor and any wife or legitimate issue of his. The settlor died in

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