Advisers urged to review legacy files after Court of Appeal IHT ruling

HMRC is considering its next steps

Isabel Baxter
clock • 4 min read

Financial advisers have been urged to review historic inheritance tax (IHT) planning arrangements after the Court of Appeal backed taxpayers in the landmark home loan scheme case, although private client lawyers cautioned the judgment has little relevance for new planning strategies.

The Court of Appeal's decision earlier this month (13 July), which upheld the effectiveness of a historic home loan/double trust arrangement for IHT purposes, has been described as a significant victory for taxpayers following years of HMRC challenges to similar structures. Following the ruling in HMRC v Elborne, a HMRC spokesperson told PA: "We note the decision and are considering our next steps." Private client lawyers told PA that the judgment is likely to strengthen the position of taxpayers and executors involved in disputes over legacy arrangements established during the late 1...

To continue reading this article...

Join Professional Adviser for free

  • Unlimited access to real-time news, industry insights and market intelligence
  • Stay ahead of the curve with spotlights on emerging trends and technologies
  • Receive breaking news stories straight to your inbox in the daily newsletters
  • Make smart business decisions with the latest developments in regulation, investing retirement and protection
  • Members-only access to the editor’s weekly Friday commentary
  • Be the first to hear about our events and awards programmes

Join

 

Already a Professional Adviser member?

Login

More on Tax planning

IHT on pensions: Getting the practicalities right

IHT on pensions: Getting the practicalities right

Practical refinements needed to make reforms work effectively

Emily Deane
clock 15 October 2026 • 4 min read
Why a higher CGT rate may not mean most business owners pay it

Why a higher CGT rate may not mean most business owners pay it

While it is entirely possible that CGT rates could rise sharply in the Budget, Chris XX remains sceptical that the majority of genuine business owners will ultimately pay tax at the full headline rate...

Chris Riley
clock 14 October 2026 • 4 min read
Budget Media Watch: Chancellor will not hike CGT to match income tax

Budget Media Watch: Chancellor will not hike CGT to match income tax

Smaller rise possible

Alex Sebastian
clock 14 October 2026 • 2 min read