Trusts are horrendously complicated things.
I'd suggest, most people simply accept what their property solicitor tells them they owe - the average person would have just said it’s a second home and paid the extra SDLT - I don't have a second home, but I suspect that's what most of us would do.
Angela Rayner's financial affairs were ‘complicated’; they were only complicated because she was trying to reduce her tax liability.
Prior to the NHS settlement, the son lived in the family house, and was supported by the assets and earnings of his parents. After the settlement, he also benefitted from the cash received from the NHS settlement. That cash
could have been invested to produce life-long income to cover care costs, when his parents are no longer around to provide for him.
AR has captured the settlement (at least in part) for herself, by deeming it to replace her financial obligations to her child. In effect, she’s saying that she no longer has to use ‘her money’ provide for her child, so she can use it instead to buy a nice flat in Brighton! What kind of mother buys a home 200 miles away from their child when she doesn’t need to, for work etc ?
She took out £160k of her son’s trust, in exchange for her share of the property up north, to buy a flat to make money from – which obviously benefits her greatly - not sure if there’s any benefit to her disabled child, by having £160k of what was liquid cash, now tied into illiquid property.
I know little of trusts, but wonder if there may be a change in her power of trustee, once her son turns 18 next year or are his disabilities too great for him to manage his own affairs once he comes of age ?
Making decisions as a trustee of her son’s award that have obvious benefits to herself, but apparently none for her son is highly questionable. IMO, the much bigger issue for her now, is defending the idea that taking £162.5K out of her son's trust is in his best interests – given that the property is in Brighton and her son lives east of Manchester.