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Section 87H Meaning of “close member of the settlor's family”F1

United Kingdom

(1)

For the purposes of sections F287D and 87G as they apply in relation to a settlement, a person is a close member of the settlor's family at any time if the settlor is living at that time and—

(a)

the person is the settlor's spouse or civil partner at that time, or

(b)

the person—

(i)

is a child of the settlor, or of a person who at that time is the settlor's spouse or civil partner, and

(ii)

at that time has not reached the age of 18.

(F32)

For the purposes of subsection (1), two people living together as if they were a married couple or civil partners are treated as if they were spouses or civil partners of each other.

Annotations

Textual amendments

F1

Ss. 87D-87P inserted (with effect in accordance with Sch. 10 para. 1(12)-(15) of the amending Act) by Finance Act 2018 (c. 3), Sch. 10 para. 1(1)

F2

Words in s. 87H(1) substituted (for the tax year 2025-26 and subsequent tax years) by Finance Act 2025 (c. 8), Sch. 12 paras. 61, 70(1)

F3

S. 87H(2) substituted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 15

Notes on Part III

Textual amendments

F1

Word in Pt. 3 heading inserted (with effect in accordance with Sch. 22 para. 12 of the amending Act) by Finance Act 2009 (c. 10), Sch. 22 para. 9; S.I. 2010/670, art. 2