Commentary

I10.127 Property devolving on intestacy

IHT, trusts and estates

I10.127 Property devolving on intestacy

I10.127 Property devolving on intestacy

Where the Crown, the Duchy of Lancaster or the Duchy of Cornwall takes the residuary estate as bona vacantia (or, in Scotland) as ultimus haeres) there is no liability to tax on that property for deaths on or after 26 July 1984 as the Crown is immune from taxation.

In the case of a death before 26 July 1984, Crown immunity does not apply as the Crown was not a liable person prior to that date. In these circumstances liability for IHT rests with the personal representative, who will be one of the following:

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