Liability to date/death: deceased competent to dispose: joint tenancies
The legislation in TCGA92/S62 (1), see CG30330 and CG30730, applies to all assets `of which a deceased person was competent to dispose’. This latter phrase is defined in TCGA92/S62 (10). This says that the term includes all assets that
a person could have disposed of by his will assuming
- the individual was of full age and capacity
- the individual was domiciled in England
* that all the assets were situated in England
- the individual’s severable share of any asset in which the interest he or she held immediately before death was held as a beneficial joint tenant.
This latter category of asset cannot be disposed of by will because it passes automatically to the surviving joint tenant(s) on death, see CG30230.