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United Kingdom
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Key definition
Life interest definition

What does Life interest mean? In practice, a life interest (often under a life interest trust) is a beneficiary’s right to receive trust income and/or to use or occupy trust property for their lifetime, without any right to the capital, which is preserved for remaindermen. Often termed an interest in possession, it is a descriptive trust law concept rather than a statutory definition, though UK inheritance tax legislation (for example, the Inheritance Tax Act 1984 on interests in possession and immediate post-death interests) and Irish Capital Acquisitions Tax legislation use it to determine tax treatment. Life interests are typically created by will trusts or...

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England and Wales will precedent: spouse’s flexible life interest trust (FLIT) with overriding appointment/advancement powers; residue to children absolutely, with long‑stop gift and extensive administrative provisions

Precedents
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FORTHCOMING CHANGE: Potential changes to Wills Act 1837

The Law Commission’s review of wills concluded with a final report on 16 May 2025, and Volume II contains a draft Bill proposing a replacement for the Wills Act 1837. For further details of these proposals, together with the published draft legislation, refer to Practice Note: Hot topic—modernising Wills and Modernising wills: Final Report Volume II: draft Bill for a new Wills Act

STOP PRESS: Abolition of the non-dom regime and the introduction of a residence-based IHT regime. The Finance Act 2025 (FA 2025), which received Royal Assent on 20 March 2025, enacts the removal of the remittance basis of taxation and replaces it with a residence-based system, taking effect from 6 April 2025. FA 2025 also substitutes domicile as the principal factor for establishing liability to inheritance tax. Other reforms include amendments to the rules defining excluded property status, the ending of protected settlements status for offshore trusts, and revisions to overseas workday relief. For information on these changes, see Practice Notes: The abolition of the remittance basis of taxation from 2025–26 and A new residence-based regime for IHT from 2025–26. See also: Finance Bill Tracking Service: Key dates (Finance Bill 2025)...

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Web page updated on 22/05/2026

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