I am dealing wiht an estate. The facts are as follows:-
A has died. Her husband, R, died in May 2001 and in his Will he left his entire estate to his wife, A.
A Deed of Variation was executed in June 2002, implementing a Discretionary trust and R’s half share of the property was used to fund this.
A Deed of Appointment was drawn up in February 2008, whereby, out of the Discretionary Trust, A was given a right to occupy (or any income generated) in the property for the rest of her life.
As a consequence of the above, does A’s interest in the property belonging to the trust aggregate with her free estate for IHT purposes or is it still within the Discrtionary Trust?
Any guidance owuld be greatly appreciated.
Harold Bell Infields & Co