I am dealing with a Will Trust, which was set up when the Testator died in 1992. In his Will he gave his property to his (2nd) wife, for life and thereafter to his son and grandsons. The wife died in May 2018.
We have completed the IHT400 for the wife’s estate and the property was included in the IHT418 in the Inheritance Tax form. There was no IHT payable, as the estate was below the excepted limit.
My queries are as follows:-
- If the property has been disclosed to HMRC in the IHT400, do I still need to complete an IHT100?
- Do the Trustees benefit from the automatic uplift to the date of death value (on wife’s death) for the purposes of assessing CGT?
- Is it possible to vary the Trust i.e. the percentage split between son and grandsons now that the wife has died, how would I do so and what are the IHT consequences of doing so?
Any guidance would be very much appreciated.
Harold Bell Infields & Co.