A client of mine has established 2 Inheritance Loan Trusts on the advice of their financial adviser. They have recommended that they have a Codicil put in place to waive the outstanding loans to the respective trusts upon her death. Can forum members direct me to a precedent which does this? Or do any forum members mind giving me a precedent? I cannot seem to find one anywhere.
Natalie Tonkin
Bailhache Solicitors
Although this is an old question, my answer may help.
When my wife and I created a Loan Trust in 2009 with both of us as settlors, our Wills were written with this in mind. Following the first death, permission for the trustees to accept an IOU from the survivor in exchange for a loan of the nil rate band gifted to the Trust was inserted, with powers for Trustees to make loans or gifts as they saw fit .
This would enable the survivor to hold on to the nil rate sum but promise to repay from their estate when they died.
Hope this helps others.