I am confused regarding the wording on a Will and whether a life interest trust has been set up regarding one of the deceased’s assets on his death (died in 2013).
The will states the following:
‘I give devise and bequeath my freehold dwellinghouse to my partner for her lifetime and thereafter to my Sons in equal shares absolutely… I give devise and bequeath all the remainder of my Estate both real and personal whatsoever and wheresoever unto my trustees upon trust for my partner for her lifetime and thereafter to my sons in equal shares absolutely’
To my mind, there is a life interest on the house as an IPDI and because the life tenant has lived in the house since the date of death, s225 TCGA 1992 would be in play exempt the gain made on sale.
Otherwise I think we’d be looking at s225A TCGA 1992 which I think would also give an exemption as the partner would have a ‘relevant entitlement’ to an interest in possession in the whole of the net proceeds of disposal and she has lived in the property before and after death.
My confusion is that:
- the first clause doesn’t specifically state that the house is on trust so does that mean that the house is still in the estate .
- I assume the partner still benefits from what will then be the proceeds of the house due to the will states a benefit for life and she hasn’t died yet. So the 75% rule in s225A would be satisfied?
Any assistance is greatly appreciated as I am totally confused!
Jo Hamilton
Howard Worth