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Making sense of the Trustee Act 2000


While it might seem pretty obvious that trustees must look after the best interests of those who benefit from the trust, their obligation to do so is so important that the Trustee Act 2000 makes it a statutory duty of care.

The Act, which came into force in 2001 and applies in England and Wales, was designed to modernise the way that trustees oversee the management of investments held in trust and to give them a more general power of investment.

In effect, this means that trustees can make use of a wider range of investments than they were able to before the Act, including collective investments such as unit trust and investment bonds.

As well as the duty of care requiring the trustee to exercise “such care and skill as is reasonable in the circumstances” in everything they do in relation to the trust, there are specific responsibilities regarding what is known as the standard investment criteria.

This means that the trustee must make sure that any investment proposed or retained by the trust is suitable for it and must also consider the need to diversify investments, where appropriate.

Keith Lyons, a director of LRH Wealth Management Limited, says: “Many trustees are professionals, who are used to dealing with trust matters but for those who are not au fait with the issues and for non-professional trustees, meeting the obligations of the Act may seem daunting.

“In these circumstances, it’s wise to seek the advice of professionals in the field to ensure compliance with the Trustee Act 2000 and peace of mind for the trustee.”

LRH Wealth Management have a Trust Compliance flowchart available to assist trustees in identifying their resposibilities. Please complete the below form to download a copy of the checklist or for more information, please contact us.

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Classic cars, jewellery and handbags – How high luxury is accounted for in Inheritance Tax

June 15th, 2026

Inheritance Tax (IHT) is paid on all items of your estate after you pass away if you exceed certain thresholds.

Whilst many people focus on their savings, properties and investments, the items you own, commonly referred to as personal chattels, are also included in the calculation of the estate’s value.

There has been a growing trend in recent years for people to invest in luxury goods, including cars, watches, jewellery and handbags, instead of or alongside more mainstream forms of investments, like stocks and shares.

However, many may not realise the impact that this has on their own estate, especially if the value of these assets increases significantly.

What is Inheritance Tax?

Often referred to as a “death tax” by the press, IHT is a tax on the estate, money, property and possessions of someone who has passed away.

In the UK, the standard tax-free threshold, known as the Nil-Rate Band (NRB), provides each individual with £325,000 of IHT-free assets.

On top of this, homeowners benefit from the Residence Nil-Rate Band (RNRB), which is a further £175,000 allowance if you leave your main home to a direct descendant, such as a child or grandchild.

Subject to other tax reliefs, such as Business Property Relief or Agricultural Property Relief, everything above these thresholds is taxed at a rate of 40 per cent.

A spouse can transfer any unused NRB or RNRB to the surviving spouse, which means a couple can pass on up to £1 million tax-free under the right circumstances.

As mentioned, all assets in the estate are included in your IHT calculations. This includes any classic cars, jewellery and handbags.

Unlike Capital Gains Tax, there is no general low-value exemption for personal chattels under IHT, so even modest items can form part of the estate’s overall value.

Are there ways to protect my luxury collections from Inheritance Tax?

There is a possibility that IHT could be waived on luxury collections if you are willing to part with them at least seven years before you die, thanks to the seven-year gifting rule.

This means providing clear evidence that the asset was passed on. Whilst you may be able to admire your collection from afar, you won’t be able to continue to personally possess it.

Gifted assets must be kept with the individual to whom they were gifted, as holding onto them causes them to be known as a gift with reservation of benefit and does not limit IHT exposure.

In some circumstances, you can pay a market-rate rent to use the items after making the gift, though this must be regularly reviewed to remain at market value. This approach requires careful consideration and advice.

Seeking expert support is always wise when planning your estate, regardless of how you intend to reduce IHT exposure.

Planning ahead is one of the best ways to mitigate against large IHT bills. If you have any questions about estate planning and Inheritance tax, get in touch today.

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