Commentary

I9.121 Deduction of liabilities and foreign property

IHT, trusts and estates

I9.121 Deduction of liabilities and foreign property

I9.121 Deduction of liabilities and foreign property

The liabilities of a transferor are, in general, taken into account in determining the value of his estate1. Liabilities owed to persons resident outside the UK are, so far as possible, taken to reduce the value of property outside the UK2.

There are two exceptions to this rule. Firstly, if the liability is to be discharged in the UK, it is deductible from the general estate3. This could be the case, for example, if an agreement specified that the liability was to be discharged in the UK or the liability was enforceable here because it fell within the jurisdiction of the English courts.

Secondly, if the

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