Caroline's comments were published in the BBC, 3 September 2025, and can be seen here.
Caroline Foulger, Partner in our Private Client department, offers insight into the legal complexities surrounding Angela Rayner's use of a trust, which has become central to the controversy over her underpaid stamp duty.
She explains that trusts allow someone to set aside money for another person's benefit during their lifetime without transferring ownership of the assets. This structure enables the settlor to retain control while specifying how the assets are used and where they go after death. Importantly, assets in a trust are subject to restrictions, such as requiring agreement from all trustees before funds can be moved.
Caroline notes that trusts are commonly used by families with children who have additional needs, offering protection and financial oversight. "A trust is the better place to do that," she says, highlighting the vulnerability of individuals with disabilities and the need for safeguards.
She also stresses that while trusts are typically set up by law firms, they are closely monitored by HMRC and must be registered, underscoring their legitimacy and transparency.
Read Caroline's full comment on the BBC News website [external link].
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