CONSTRUCTION – IS IT OR IS IT NOT A DISABLED PERSON’S INTEREST?
AUGUST 31ST 2011 | 10:51 TAGS:
Preparing trusts in Wills providing for the testator’s disabled child is a balancing act between generating a flexible vehicle for both the disabled person’s lifetime and beyond their death and deciding whether the trust needs to be a Disabled Person’s Interest for IHT or whether it would be better to be a Discretionary trust subject to the relevant property regime. The recent case of Barclays Bank Trust Company Ltd as Trustees of the Poppleston Will Trust v HMRC [2011] EWCA 810 examines the construction of such a Will to determine its correct tax treatment on the death of the disabled beneficiary.
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