Commentary

I5.925 Competency to dispose

IHT, trusts and estates

I5.925 Competency to dispose

I5.925 Competency to dispose

The surviving spouse exemption is not available to a survivor who is at some time competent to dispose of the settled property.

In general, a person may be competent to dispose even though not sui juris. Here, however, if subsequent limitations under the settlement take effect on the second death (for example, an ultimate absolute trust1), the exemption will be lost only if the surviving spouse was both competent to dispose and sui juris—provided, of course, that the property remains settled.

Where the surviving spouse was competent to dispose of part of the property, the exemption is lost

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