Does TCGA92 s.225 trump s.225A here?

Will leaves residue to the three children (A, B and C) of the deceased in equal shares. At the date of death, the family home was occupied by the deceased and A. A has continued to occupy solely thereafter. At the date of death, the testator was the beneficial owner of two-thirds of the family home and A was the beneficial owner of the remaining one-third.

Can Principal Private Residence Relief be claimed in full under s.225 against any uplift in value (over the Probate value) of the two-thirds of the property comprised in the estate or would a DoV be necessary so as to ensure that A has an entitlement to at least 75% of the estate’s interest in the home?

I don’t see how TCGA 1992 s225 is applicable.

TCGA 1992 225A wouldn’t apply to a sale by. the PRs as “A” is not entitled to at least 75% of sale proceeds. If “A’s” share of the sale proceeds increased to at least 75% under a DoV then s225A would apply on a sale by the PRs.

Malcolm Finney

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