This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies. To find out more about cookies on this website and how to delete cookies, see our privacy notice.

Settlor reserved a benefit in a bank account and property held in discretionary trusts

By Mark McLaughlin, July 2025

The deceased settlor reserved a benefit in a property and in a bank account, which was each held in separate discretionary trusts in the seven years prior to his death, and consequently, the value of the assets in the trusts, valued at the date of his death, fell to be taken into account when calculating IHT on his death estate. 

Summary 

The deceased settlor had reserved a benefit in a property and in a bank account, which was each held in separate discretionary trusts in the seven years prior to his death, and consequently the value of the assets in the trusts, valued at the date of his death, fell to be taken into account when calculating inheritance tax (IHT) on his death estate. 

Background 

On 16 February 2000, an individual (who died on 26 February 2017) had signed two trust deeds. The first concerned funds in an Abbey National bank account (which was later transferred to

Subscribe to the McLaughlin’s Tax Case Library to get instant access
to the Tax Case Library.
14 day free trial , 90 day money back guarantee
Subscribe

Related or similar articles

Gifts did not fall within the exemptions for normal expenditure out of income or gifts to political parties
By Mark McLaughlin, May 2026
Income tax refund formed part of deceased’s estate for IHT purposes
By Mark McLaughlin, February 2026
Fishery business was not eligible for relief
By Arthur Weller, December 2024
Trust arrangements were ineffective in reducing the settlor’s estate on death for IHT purposes
By Mark McLaughlin, October 2024
Avoidance: ‘Home loan scheme’ unsuccessful as house sale to trustees was void
By Mark McLaughlin, April 2020