Dealing with IPDI Trusts [2024]

These trusts are very popular with married couples, civil partners and cohabitees as a way of providing for successive beneficiaries and protecting assets from second marriages/relationships and care home fees.

This session will look at problems that can arise when acting as or advising trustees:

• Do the trusts have to be registered and, if so, when?
• Can trustees exercise powers in their own favour
• Consequences of terminating an IPDI during beneficiary’s lifetime
• Is RNRB available on second death?
• Likelihood of challenge from surviving spouse/civil partner
• Trustee losing capacity
• What’s the difference between a right to occupy and a full life interest?
• Who is entitled to the remainder interest?
• What happens if a trustee loses capacity?
• Problems for trustees when exercising powers

After this session you will be able to:

• recognise problems arising from drafting;

• advise trustees on exercising their powers

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