The Executors of Mrs Leslie Vivienne Elborne and others (Respondents) v HMRC (Appellants)

Tuesday 28 – Thursday 30 April 2026 Before Lady Justice Asplin Lady Justice Andrews Sir Launcelot Henderson By Appellant's Notice filed on 5 June 2025 the Appellants appeal a decision of the Upper Tribunal (Tax Chamber), delivered on 17 February 2025. This appeal and cross‑appeal concerned the inheritance tax treatment of a “home loan scheme” entered into by Mrs Leslie Vivienne Elborne. In 2003 she sold her home to trustees of a life settlement trust, received a promissory note in return, assigned the note to a family trust, and continued to occupy the property until her death in 2011. The First‑tier Tribunal (FTT) dismissed the executors’ appeal, but rejected HMRC’s arguments. The Upper Tribunal (UT) allowed the executors’ appeal, holding that the note was not a “debt incurred by” Mrs Elborne. It dismissed HMRC’s cross‑appeal on all grounds. The UT set aside and remade the FTT’s decision accordingly.