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Man and maid

10 September 2008
Issue: 4175 / Categories: Forum & Feedback
Inheritance tax and an interest in possession trust

An interest in possession trust has just come to an end following the death of the life tenant who had been housekeeper to a professional gentleman up until his death in 1973. His estate had been left to his brother who knowing that his late brother had wanted to provide for his loyal housekeeper created the trust with some of the inherited funds. The terms of the trust were that the funds passed back to the settlor or his executors.

The housekeeper lived well into old age but the settlor died many years ago so of course the assets now pass to his heirs. It is not known if the reversionary interest was included in the reckoning of the settlor's estate although I suspect that it wasn't because the property would have qualified as 'excluded property' having been settled before 16 April 1976.

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