Commentary

I12.1132 Survivorship conditions as between spouses or civil partners

IHT, trusts and estates

I12.1132 Survivorship conditions as between spouses or civil partners

I12.1132 Survivorship conditions as between spouses or civil partners

Nil-rate band carry-forward (I4.161) has the implication that from an IHT point of view survivorship conditions as between husband and wife or civil partners are less important than formerly, and in some situations counter-productive. Suppose A and B are husband and wife, and B is known to have died six weeks after A's death. A's will leaves the whole of this estate to B, and contains a survivorship clause whereby B only takes if she survives A by two months. Both estates are given, in the event of the other not surviving by two months, to their children. The position can be summarised as follows:

  1.  

    (a)     If B had at her death assets of a total value less than the nil-rate band, while

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to TolleyLibrary or register for a free trial