The donor of a property and affairs LPA included the following provision: "I authorise my Attorneys to make gifts from my assets on such terms and conditions as they think fit, for the purposes of inheritance tax planning, including but not restricted to the making of gifts in line with the annual lifetime gift allowance." On the application of the Public Guardian the provision was severed on the grounds that it contravened section 12 of the MCA 2005. [OPG summary - LPA case.]

Note

Summary from OPG website.

Title: Re Baker (an order of the Senior Judge made on 12 November 2010)

Heading: Severance of invalid restrictions relating to gifts

External link

Not on Bailii - no transcript

Summary on OPG website