Q&As

How is a specific gift of a house in a Will treated for Inheritance Tax (IHT) where the gift in the Will is not expressly stated to be free of tax?

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Published on LexisPSL on 15/06/2015

The following Wills & Probate Q&A provides comprehensive and up to date legal information covering:

  • How is a specific gift of a house in a Will treated for Inheritance Tax (IHT) where the gift in the Will is not expressly stated to be free of tax?

The burden of inheritance tax on an estate is governed by section 211 of the Inheritance Tax Act 1984, which provides that:

(1) Where personal representatives are liable for tax on the value transferred by a chargeable transfer made on death, the tax shall be treated as part of the general testamentary and administration expenses of the estate, but only so far as it is attributable to the value of the property in the United Kingdom which:

(a) vests in the deceased's personal representatives, and

(b) was not immediately

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