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Scheme involving purchase of income interest in offshore trust was unsuccessful for IHT purposes

By Mark McLaughlin, May 2026

The deceased’s purchase of an income interest in an offshore trust was a transfer of value for IHT purposes as it did not fall within the exception for dispositions not intended to confer a gratuitous benefit. 

Summary

The deceased’s purchase of an income interest in an offshore trust was a transfer of value for inheritance tax (IHT) purposes as it did not fall within the exception for dispositions not intended to confer a gratuitous benefit. 

Background

The deceased (DRB) had been diagnosed with a terminal brain tumour in 2007. He died on 17 July 2008. Following DRB’s diagnosis, the appellant (DRB’s son and the executor of DRB’s estate) entered into a pre-planned scheme offered by a large accountancy firm, which was implemented on 11 June 2008. 

A number of excluded property trusts (outside the scope of IHT) had been established in Guernsey. A

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