An inter vivos Discretionary Settlement was created in 2017 by an 84 year old female. Discretionary Beneficiaries are her adult child and her adult child’s issue. Settlor & Spouse of the Settlor are specifically excluded from benefit under the terms of the Settlement but dependant children are not specifically excluded.
The question relates to Capital Gains Tax holdover relief and whether the Settlement would be treated as Settlor interested or not and whether CGT holdover relief would be available.
As the Settlor did not have a dependant minor child when the Settlement was created would the Settlement be treated as not Settlor interested at creation and only become Settlor interested for CGT purposes if the Settlor subsequently had a dependant child?
Progressive Wills Ltd