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I5.551 Qualifying conditions of 18–25 trusts—overview

Settled property will be subject to the 18–25 trust regime in two separate situations. The key difference to note between these separate situations is that the first one requires that the trust be established under the Will of a deceased parent of the under 25 year old, the Criminal Injuries Compensation Scheme (CICS) or the Victims of Overseas Terrorism Compensation Scheme (VOTCS). This requirement is not necessary for the second situation (old accumulation and maintenance (A&M) trusts).

The 18–25 trust regime was only introduced on 22 March 2006, but applies not only to property settled on or after 22 March 2006, but also to property settled before 22 March 2006¹. In the case of the similar provision in relation to bereaved minor trusts this might mean that trusts in possession on 22 March 2006 will have become subject to the bereaved minors regime on 22 March 2006. However, in view of the fact that the A&M trust rules continue to apply in priority to the 18–25 rules (and not