Very simple question but I just wanted to check what others are doing are you commonly drafting without the use of survivorship clauses now? my training was always to include but I appreciate and understand the complications that can occur with married couples, are most firms now not including and using trusts to establish the clients aims?
Lynsey Bashforth
Bashforth Young Solicitor
For the most part, I no longer include survivorship clauses for married couples – the IHT benefits of such a clause have disappeared, and I have seen too many such clauses have unexpected consequences, such as double legacies, when couples die within a short space of time.
Of course, for unmarried couples such provisions are still appropriate, as they do not benefit from the transferable nil rate band.
Taurean Drayak
Elliot, Bond & Banbury