188体育

The use of the word 鈥榦r鈥� in IHTA84/S86(1)

The word 鈥榦r鈥� between the sub-clauses, and between the individual parts of IHTA84/S86(1), means that the relief will apply if the beneficiaries are restricted to only one of the two classes. Although you could interpret this as meaning that the relief would not apply if the trust was for the benefit of both categories of person this is not what is meant by this paragraph.

鈥楻elationship to鈥� and 鈥榙ependence on鈥� in IHTA/S86(1)(b)

The words 鈥榬elationship to鈥� and 鈥榙ependence on鈥� in IHTA84/S86(1)(b) are not defined in the Act. Both can be interpreted widely and you should interpret their meaning as follows:

• 鈥楻elationship to鈥� would include relatives, such as a brother, sister, ancestor, direct descendant, uncle, aunt, nephew or niece, adopted or illegitimate child of the member.
• 鈥楧ependence on鈥� is generally restricted to those who are financially dependent on the person in IHTA84/S86(1)(a). A child of a member may always be regarded as a dependant until they reach age 18 or cease to be in full time education (or vocational training, if later).
• A 鈥榙ependant does not need not be a relative of the member.
• A couple who are mutually financially dependent on one another could be said to have a 鈥榙ependence on鈥� one another.
• The wording is considered wide enough to include cohabiting partners.