Commentary

I5.921 Estate duty surviving spouse exemption—introduction

IHT, trusts and estates

I5.921 Estate duty surviving spouse exemption—introduction

Estate duty surviving spouse exemption

I5.921 Estate duty surviving spouse exemption—introduction

Under the estate duty regime, if duty had already been paid in respect of settled property, since the date of the settlement, on the death of one of the parties to a marriage, no further duty was payable in respect of that property on the death of the other party to the marriage, unless that other party:

  1.  

    •     was at the time of his or her death, or had been at any time during the continuance of the settlement, competent to dispose of such property, and

  2.  

    •     if on the second death subsequent limitations took effect under the settlement, was sui juris at the time of his or her death, or had been sui juris at any time while competent to dispose of the property1

The IHT provisions as to surviving spouses operate

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