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Variation enigma

23 March 2006
Issue: 4050 / Categories: Forum & Feedback

Our client is a widow who has inherited the whole of her husband's estate, including his share of their residence, which was held as tenants in common. The value of the whole house is around £450,000.
Our client wishes to make a deed of variation to create a nil rate band discretionary trust funded by an 'IOU' from her to the trust, with the aim of taking the nil rate band out of her own estate. Although this is a common device we have the following questions.

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