IHTM12196 - Simultaneous deaths (commorientes): death of younger


When property devolves from the estate of an elder person to the estate of a younger under S184 Law of Property Act or S31 Succession Act 1964 the effect of IHTA84/S4 (2) is that the property which so devolves is not taxable under IHTA84/S4 (1) on the death of the younger.

There is an illustration of this on the next page ( IHTM12197).

Joint property accruing to the younger by survivorship and funds settled before the death of the elder which pass into the estate of the younger are similarly not taxable under S4 (1) on the death of the younger.