Commentary

I5.924 Requirement that duty paid on the settled property since the date of the settlement

IHT, trusts and estates

I5.924 Requirement that duty paid on the settled property since the date of the settlement

I5.924 Requirement that duty paid on the settled property since the date of the settlement

For the surviving spouse exemption to apply, the duty paid on the first death must have been paid in respect of the settled property as such.

This condition is satisfied where the duty was paid on the death of an absolute owner, and the settlement was created by his will, or arose on his intestacy. Indeed, where a testator devised property to his wife for life, and she paid the duty and then released her 'limited owner's charge' (outside the statutory period for gifts inter vivos),

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