I am dealing with a Will which leaves the whole estate to the surviving spouse, subject to her surviving a calendar month. The deceased has just died. Is it necessary to wait until the end of the survivorship period to assume it is an Excepted Estate?
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No I don’t think so.
An excepted estate is an estate which satisfies SI 2004/2543 as amended (see paras 4(2), (3) or (5)).
SI 2004/2543 para 4 provides:
“An excepted estate means the estate of a person immediately before his death in the circumstances prescribed by para (2), (3) or (5)”.
Ascertainment as to whether an estate qualifies as an excepted estate or not is determined immediately before death (ie the survivorship period is irrelevant).
Malcolm Finney
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Many thanks Malcolm.
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In the context of inheritance tax in the UK, if an estate is left to the surviving spouse subject to a survivorship period, you typically don’t need to wait until the end of that period to assume it’s an Excepted Estate. You can usually claim Excepted Estate status if it’s clear that the entire estate will pass to the surviving spouse, and the survivorship period is just a formality. However, it’s crucial to consult with a legal or tax advisor for specific guidance related to your situation, as estate matters can be complex and individual circumstances may vary.