IHTM22092 - Settled property: lifetime


There is a limited QSR ( IHTM22041) for successive charges on settled property ( IHTM16000) within the standard five year period. The requirements are

  • the second charge must be on the lifetime termination of an interest in possession ( IHTM16061), and
  • the first charge must
  • have increased the estate of the person with that interest in possession
  • have been when, or after, the settlement was created, and
  • be determined by reference to the value of the same settled property.

The first transfer can be any of the types listed in IHTM22042, but it must have the effect of creating an interest in possession in settled property and be for the benefit of the person who is the transferor in relation to the second charge.

There can be no QSR on the second charge if the property is no longer settled (for example, because the person with an interest in possession has become absolutely entitled).