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Home / Simons-Taxes /IHT, trusts and estates /Part I5 Settled property /Division I5.2 Settlements with a qualifying interest in possession (QIIP) /Tax treatment of qualifying interest in possession (QIIP) / I5.214 Payments to trustees as QIIPs
Commentary

I5.214 Payments to trustees as QIIPs

IHT, trusts and estates

Charge for services

A trustee who acts in a professional capacity or is a trust corporation has a statutory power to charge1 if he lacks a power to do so in the trust instrument. In the case of an individual he needs the agreement in writing of the other trustees to his charging for his services. Note that the Trustee Act 2000 does not apply in Scotland: as to whether a trustee can charge for his services depends upon the terms of the trust instrument and general principles of trust law.

The right to charge for a trustee's services, whether under the trust instrument or statute, will not usually be treated as an interest in

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