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Deathly benefit

05 May 2009
Issue: 4204 / Categories: Forum & Feedback , Inheritance Tax , Trusts
A non-resident child aged under 18 has been left a share in the residue of the estate of a person who is not his parent. This is contingent on his attaining the age of 18 and, pending that condition being met, his income share is paid to a parent

My client’s son is under 18. He has been left a share of the residue of an estate of a person who died after March 2006 who is not his parent and the estate is liable to inheritance tax.

His share is contingent on him reaching the age of 18 and the executors have been instructed to pay his share to one of his parents to hold on trust until he reaches 18. If he dies before 18 the residue passes to the parent.

While he is under 18 the will says that the parent/trustee has discretion to apply any part of the capital for the maintenance education advancement etc. of the son.

The son is resident and ordinarily resident in Spain at present but the parent entrusted with the share is resident and ordinarily resident in the UK. (The parents are divorced.)

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