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Age 18—25 trust meaning

What does Age 18—25 trust mean?
A trust commonly used in wills to hold assets for a deceased parent’s child until an age between 18 and 25, balancing protection with inheritance tax (IHT) efficiency. It is a statutory IHT category introduced by Finance Act 2006 and set out in the Inheritance Tax Act 1984 (notably section 71D), replacing in part the former favourable treatment of accumulation and maintenance trusts. Key features: - Trust property must arise on the death of a parent of the beneficiary (as defined for IHT purposes). - The beneficiary must become absolutely entitled no later than age 25. - While the statutory conditions are met, the trust is outside the full relevant property regime: there are no ten‑year (periodic) charges, but exit charges can arise on capital distributions after the beneficiary turns 18 and on vesting at 25, at an effective rate of up to about 4.2% depending on the nil rate band and other factors. - If the conditions cease to be met (for example, entitlement is deferred beyond 25), the trust falls into the relevant property regime with periodic and exit charges. The concept and tax treatment are consistent across England & Wales, Scotland and Northern Ireland. There is no direct Irish...
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View the related Checklists about Age 18—25 trust

CHECKLISTS
Changing Charity Trustees: Eligibility, Appointment, Resignation and Removal—Practitioner Checklist (England and Wales)

Appointment of new trustee What are the eligibility criteria? Trustees must be appointed in line with the charity’s governing document as well as the general law. Begin by reviewing the governing document, which may cap the number of trustees or stipulate age limits. Anyone under 18 cannot act as a trustee of an unincorporated association or a charitable trust. Individuals aged 16 or over may serve as company directors and, consequently, can be charity trustees of a charitable company...

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NEWS
UK Private Client update: Spring Statement 2025, HMRC anti-avoidance consultations, probate digital uptake, Companies House ID checks, key trusts and estates rulings, and sanctions guidance

In this issue: Spring Statement 2025 Probate UK taxes for Private Client HMRC Manuals updates Tax avoidance, evasion and non-compliance Regulatory compliance for Private Client Contentious trusts and estates Art and heritage property, landed estates and farming families International Question of the week Daily and weekly news alerts LexTalk® Private Client: a Lexis+® community New and updated content Dates for your diary Trackers Latest Q&As Useful information Spring Statement 2025 Spring Statement 2025—key points On Wednesday 26 March 2025, the Chancellor of the Exchequer, Rachel Reeves, presented the government’s Spring Budget. There were no fresh measures for Private Client tax advisers—disappointing for those with clients likely to be affected by the planned reforms to business property relief and agricultural property relief from April 2026. Nor was there any sign of a rethink on the proposal to levy an IHT charge on pensions on death. By contrast,...

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NEWS
Retiring sole trustee of a Will trust for minors: two trustees or a trust corporation required unless valid capital receipts are possible (England and Wales)

See Q&A: If a Will creates a trust for minor beneficiaries (contingent on them attaining the age of 18), is the sole trustee appointed in the Will able to retire and appoint just one replacement trustee or are at least two trustees required? This Q&A proceeds on the basis that the intended sole trustee is not a trust corporation. From the query, it seems the Will names a lone trustee to hold trust assets for minor beneficiaries, with entitlement contingent on each reaching the age of 18. There are several potential obstacles to appointing a single trustee, or circumstances where doing so is impractical, one of which is the wording of the trust instrument itself (which, on the face of it, is the Will here, unless the legacy is expressed to be to the trustees of an existing trust). The position will vary depending upon the trust’s terms...

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NEWS
UK Private Client: probate fees, capacity rulings, tax cases and guidance, digital assets bill, charity and pensions developments—weekly update, 17 July 2025

In this issue: Probate Court of Protection UK taxes for Private Client HMRC Manuals tracker Tax avoidance, evasion and non-compliance Budgets and Finance Bills Digital assets and cryptoassets Charity and philanthropy Contentious trusts and estates Art and heritage property, landed estates and farming families Pensions, insurance and tax efficient investments Scotland, Wales and Northern Ireland International Question of the week Daily and weekly news alerts LexTalk®Private Client: a Lexis+® community New and updated content Dates for your diary Trackers Latest Q&A Useful information Probate ICAEW launches consultation on 2026 probate registration fee increases The Institute of Chartered Accountants in England and Wales has opened a consultation on probate registration charges for 2026. It proposes a 5% uplift to offset inflation and satisfy Legal Services Board requirements, while keeping the compensation scheme levy unchanged. The measures are projected to create a £13,000 surplus...

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View the related Practice Notes about Age 18—25 trust

PRACTICE NOTES
Will Trusts in England and Wales: Discretionary, Life Interest and Children’s Trusts; Drafting, TOLATA 1996 Land Considerations and Trustee Powers

Many Wills are relatively straightforward, often providing, for instance, that after debts are settled the estate is left outright to a spouse or to children, sometimes with additional specific legacies. In cases like these, no ongoing trust remains once the estate has been administered, so there is usually little justification for conferring powers on trustees beyond those conferred by the Trustee Act 2000 (TrA 2000) and other statutes (although it is not always possible to know in advance whether a trust will arise). At times, however, a continuing trust is the better fit, such as where beneficiaries are under age. A familiar Will trust pattern is a primary gift to the surviving spouse, with the estate instead passing to surviving issue if the spouse fails to outlive the testator, either straightaway or once a specified age is reached. Where the children are minors, or have not yet attained the age at which the gift is to vest absolutely, trust provisions are needed so that the assets are managed properly. The...

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PRACTICE NOTES
Accumulation and Maintenance Trusts—UK IHT: Historical Treatment, Finance Act 2006 Changes, Transitional Relief and Age 18–25 Trusts (Archived)

ARCHIVED: This Practice Note has been archived and is not maintained. An accumulation and maintenance (A&M) settlement was a specific form of non‑interest in possession (IIP) trust created to make provision for children and young adults until they reached 25. From 1975 to 2006, A&M settlements benefited from favourable inheritance tax (IHT) treatment. That preferential position ended as part of the wide‑ranging reforms to the taxation of trusts introduced by the Finance Act 2006 (FA 2006) (see Practice Note: Finance Act 2006 changes to trust taxation [Archived]). At the same time, transitional provisions were put in place for A&M settlements made before 22 March 2006, permitting a degree of restructuring before 6 April 2008. This Practice Note considers the taxation of A&M trusts, both historically and under the post‑22 March 2006 rules. Although new A&M settlements cannot now be created, practitioners still need to understand the rules because they will continue to deal with trusts set up before 2006. Typically, an A&M trust had several beneficiaries of different ages....

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PRACTICE NOTES
Turning 18 Without Mental Capacity: Appointeeship vs Court of Protection Deputyship, Savings and Disabled Person’s Trusts, Tax, Child Trust Funds and Will Planning (England and Wales)

Countless parents are shocked to learn how little real authority they retain over their child’s affairs once that child turns 18. Many firmly believe they will naturally be able to carry on handling their children’s matters after they reach the age of majority. Unfortunately, that is simply not so, and plenty of parents are often appalled to discover they must go through formal procedures to manage their child’s assets or assist them to access benefits. Some parents may have carefully set aside funds for their child’s future, only to realise that, at 18, those savings can swiftly lead to a loss of state benefits until the capital drops beneath the capital limits. Managing benefits and other assets There are two practical routes by which parents may often continue to help their child claim any state benefits they might be due. The first is to apply to be recorded as an appointee solely to oversee benefits, which is generally best where the child has no savings or additional assets...

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View the related Precedents about Age 18—25 trust

PRECEDENTS
Client guide: lifetime discretionary trusts - what they are, when to use them, how to set them up, trustees, letters of wishes, administration and key tax implications

This note offers general guidance on setting up a lifetime discretionary trust. It does not explore the tax implications in any depth. Your specialist Private Client practitioner will be able to deliver tailored advice based on the circumstances of your case. What is a trust? A trust arises when assets are transferred to trustees (who might be individuals or a trust corporation) to hold and manage for the benefit of specified individuals, called the beneficiaries. The parties are: the settlor — the person who transfers the assets to the trustees the trustees — the persons (or a trust company) who receive the assets from the settlor and must look after the trust assets for the benefit of the beneficiaries the beneficiaries — the persons who enjoy the benefit of the trust There are different types of trusts. Three main types of trusts are: bare trusts — typically used to hold assets for minors until they reach...

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PRECEDENTS
Will clause: bereaved minors trust for children vesting at 18, qualifying for vulnerable beneficiary income tax and CGT treatment (England and Wales)

I direct my trustees to hold [ my residuary estate ] on trust for those of my children who survive me and attain 18 years, and, if more than one, distribute it in equal shares absolutely...

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PRECEDENTS
Precedent deed terminating discretionary trust: appointing to adult absolutely and to minor contingently at 18 or 21; maintenance/advancement and optional revocation; applies will/settlement administrative provisions (England and Wales)

This deed of appointment is duly executed on [ date ] by [ trustees ] of [ addresses ] (the Trustees ) Background (A) This instrument supplements [ the Will of [ testator ] late of [ address ] dated [ date ] (the Will ) OR a settlement dated [ date ] duly made and entered into between [ parties ] (the Settlement ). ] (B) The Trustees currently act as trustees of the [ Will OR Settlement ] . (C) The property now falls under the trusts of the [ Will OR Settlement ] and comprises the investments [ and cash ] as more particularly set out in the said schedule. (D) By this deed the Trustees hereby propose to exercise the power of appointment conferred upon them by clause [ number ] of the [ Will OR Settlement ] . (E) In this deed the Trust Period bears the same meaning as the [ Will OR Settlement ] ....

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