IHTM04360 - Settled property to which the settlor's spouse, civil partner, widow(er) or surviving civil partner is entitled

Where a qualifying바카라 사이트¯interest in possession (IHTM16062) in settled property comes to an end on the life tenant's death (IHTM04082) and on that event the settlor바카라 사이트™s spouse or civil partner (IHTM11032) becomes beneficially entitled to the settled property, under바카라 사이트¯IHTA84/S54 (2)바카라 사이트¯the property is left out of account in determining the value of the life tenant바카라 사이트™s estate, provided that spouse or civil partner isÌýlong-term UK residentÌý(where the life tenant바카라 사이트™s death is on or after 6 April 2025)Ìýor wasÌýdomiciled in the UKÌý(where the life tenant바카라 사이트™s death was before 6 April 2025).Ìý
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Where a person becomes beneficially entitled to an interest in possession on or after 22 March 2006, S54 (2) only applies if it is a disabled person바카라 사이트™s interest, or a transitional serial interest, S54 (2A).Ìý
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Similar relief is provided by IHTA84/S53 (4) where such an interest comes to an endÌýother than on death (IHTM04083) by excluding the charge under IHTA84/S52.Ìý
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The relief is extended to cover property to which the widow, widower or surviving civil partner of the settlor becomes beneficially entitled when the interest in possession comes to an endÌýif the settlor died within the two years before the interest came to an end.Ìý
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Under IHTA84/S54 (2B)바카라 사이트¯the value of settled property is to be left out of account on the death of a life tenant who, on or after 22 March 2006, became beneficially entitled to an interest in possession in the property where:Ìý

  • The life tenant바카라 사이트™s interest was an immediate post-death interest throughout;Ìý

  • The settlor has diedÌýless than two years before the life tenant바카라 사이트™s death, andÌý

  • If the life tenant바카라 사이트™s death is on or after 6 April 2025, the settlor바카라 사이트™s widow(er) or surviving civil partner becomes beneficially entitled to the property and is long-term UK resident.Ìý

  • If the life tenant바카라 사이트™s death was before 6 April 2025, the settlor바카라 사이트™s widow(er) or surviving civil partner became beneficially entitled to the property and was domiciled in the UK.


The limitations and restrictions contained at바카라 사이트¯IHTM04352바카라 사이트¯a²Ô»å바카라 사이트¯IHTM04353바카라 사이트¯apply equally to these provisionsÌý

There are transitional provisions relating to excludedÌýproperty which was comprisedÌýin a settlement atÌý30 OctoberÌý2024Ìýthese are set out at IHTM47022.Ìý