Phizackerley’s impact on will trust planning has been exaggerated, says John Hendry
Last year’s special commissioner’s decision in Phizackerley v Revenue & Customs Commissioners [2007] UKSPC SPC00591, [2007] STC (SCD) 328 was presented in some quarters as a threat to nil rate band discretionary trust planning or even to will trust planning in general. But this decision related to one particular arrangement made vulnerable by its particular facts and the procedures followed. The facts were unusual, although hardly unique. The fatal flaw lay in the action taken when the discretionary will trust came to be put into effect.