Commentary

I10.210 Burden of tax for joint property

IHT, trusts and estates

I10.210 Burden of tax for joint property

I10.210 Burden of tax for joint property

Where IHT is due on the deceased's severable share of jointly tenanted property, the tax is not a testamentary expense because, although the property is part of his estate on death for IHT purposes and the personal representatives (PRs) are liable for the IHT on it, the property does not vest in the deceased's personal representatives as it passes directly to the surviving joint tenant (or tenants). The IHT is therefore borne by the survivor(s), in the absence of contrary directions in the deceased's Will1.

For further information on the above see para I3.214

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