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20 September 2007 / Nicholas Acomb
Issue: 7289 / Categories: Features , Wills & Probate
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Good will drafting

Nicholas Acomb explains how the Finance Act 2006 has fundamentally changed the inheritance tax status of trusts

The original inheritance tax status of trusts lies in the Finance Act 1975, which replaced estate duty with capital transfer tax.

It was amended by the Inheritance Tax Act 1984 (ITA 1984), which essentially replaced capital transfer tax with inheritance tax (IHT), and was further amended by the Finance Act 1986, largely affecting lifetime gifts rather than gifts by wills.
For the last 20–30 years lawyers have become familiar with the four main types of trust which typically arise in wills:
- accumulation and maintenance (A&M) trusts;
- trusts with an interest in possession (life interest trusts);
- trusts without an interest in possession (discretionary trusts); and
- bare trusts (not really a trust at all and treated as an outright gift).

The main purpose of the Finance Act 2006 (FA 2006) is to treat all trusts as falling within the IHT regime that previously only existed for discretionary trusts—so that they incur 10-year anniversary charges and exit charges—subject to a number

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NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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