The 25 year test IHTA84/S71 (2)

This test for A&M trusts comes into effect on or after 15 April 2001.

The above test is additional to the usual two requirements for A&M trusts under IHTA84/S71(1)(a) and (b). We consider that less than 5% of all A&M cases are affected by the 25-year test, because most cases satisfy the ‘one generation’ test.

Where the beneficiaries are grandchildren of a common grandparent (or children, widows or widowers of such grandchildren who were beneficiaries but had died before the time when, if they had lived – the grandchild – they would have taken a vested interest) the 25 year rule has no application whatsoever.

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