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Vulnerable person election and claims—introduction

Relief under these provisions is only available if a vulnerable person election is made jointly by the trustees and the vulnerable person. Only when such an election has been made and is effective can the trustees make a claim for the relief for a particular tax year.

Vulnerable person election

Where trustees hold property on qualifying trusts (see I5.1036) for the benefit of a vulnerable person (see I5.1035), they may make an election jointly with the vulnerable person (a vulnerable person election)¹.

If the vulnerable person is incapable of making the election, it can be made by someone legally entitled to do so, for example a parent or guardian on behalf of a relevant minor, or on behalf of a disabled person by his receiver or deputy² or an attorney under an enduring or lasting power of attorney³.

A separate election is required for each vulnerable person for whom the trustees wish to claim the special relief⁴.

A vulnerable