Commentary

I4.113 Gifts with reservation of benefit and the death estate

IHT, trusts and estates

I4.113 Gifts with reservation of benefit and the death estate

I4.113 Gifts with reservation of benefit and the death estate

As described in Division I3.4, property is 'subject to a reservation' where it has been disposed of after 17 March 1986 by way of gift falling within FA 1986, s 102(1) ('a gift with reservation'. This is a term used not in the legislation but in the side-heading to FA 1986, s 102) — the donee has not assumed possession and enjoyment of the property or the property is not enjoyed to the entire exclusion or virtually to the entire exclusion of the donor1 (see I3.401).

If the property comprised

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