IHT and Trusts

A question about : IHT and Trusts

If a persons Will states that the persons estate is to be held in trust, and that estate has a value greater than the Nil Rate Band,would the trustees be expected to pay IHT at persons death?

Best answers:

• The executors would pay any IHT before the remainder of the assets went into the Trust?
  https://www.gov.uk/trusts-taxes/overview
• If the executor is surviving spouse and trustee and the trust generally benefits the spouse, how does this operate on the basis of spouse not being liable to IHT under tax rules?, presumably no IHT is due?....is that the case?
• Is this not the same discussion as before?
  https://forums.moneysavingexpert.com/...=#post67021324
  A solicitor experienced in wills and trusts would advise.https://www.step.org/member-directory
• Yes, the 'dead settlor rule' no longer exists. The government closed that loophole.
  The trustees of the trust will be liable to pay the tax.
• This may sound self explanatory, but how should a will be written to ensure surviving spouse inherits all of deceased estate without paying any IHT?
• Are you just confusing the fact that all estates are held in a trust by the exceutors/administrators untill the estate is distributred.
  The tax position is who is the benificiary, assets that transfer to a spouse are exempt.
• An oversimplification - but IHT becomes due from the spouse's (extra large??) estate when the spouse dies.
• Why not just have your will drawn up by a solicitor?
• Where I'm looking for clarity is this:.... As stated in the will 'the surviving spouse is both executor and trustee of the will, which states....In respect of the assets of the deceased the surviving spouse has the right to income and also the right to borrow any funds from the estate and as sole trustee is in complete control of deceases assets'..........hence he/she could cash in/pay everything to them self.
  In this situation is IHT due if the value of this cashed in estate is greater than Ј325k?