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Settlor continued to enjoy property in trusts

12 May 2025
Issue: 4984 / Categories: Tax cases
A Chugtai (TC9495)

The deceased died in 2017. In 2000 he had signed two trust deeds one concerning funds held in an Abbey National (now Santander) account and the second a property. Although both were described as ‘interest in possession’ trusts it was accepted they were discretionary trusts. He was settlor and sole trustee of the trusts and the beneficiaries were his children including the taxpayer. He was specifically excluded from benefiting.

After signing the property trust deed the deceased vacated the house but he later returned to live in it to care for one of his children who had health issues. He lived there for the rest of his life. He worked from an adjacent shop which shared a postcode with the property. He declared self-employment income in his tax return. There was no evidence to show he paid rent to live in...

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