Quote Originally Posted by Re-sign Carl Dale View Post
Now we’re taking!!

Depending on the objectives and estate size, I would either use a Life Interest Trust or a Discretionary Trust / IIP (to still allow any residence Nil Rate Band to be claimed).

For the Life Interest route there’s no GROB as it’s all deemed to be in the estate of the surviving partner - and it’s effectively ignored for IHT on first death.

For a Discretionary Trust, as there’s no absolute entitlement then there’s no Gift With Reservation implications anyway.
If there's no market rent paid then the Care Act 2014 results in the life tenant bearing the cost of care, not the surviving spouse.

Use Trusts carefully, as they don't often protect you in the way intended.