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HMRC internal manual

Capital Gains Manual

HM Revenue & Customs
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Liability to date/death: deceased competent to dispose: joint tenancies

An interest in an asset held on a joint tenancy in England cannot be transferred by will. It automatically passes on death to the surviving tenant(s). Despite this the definition includes such interests as being assets of which the deceased was competent to dispose. Therefore such interests benefit from the provisions of TCGA92/S62 (1) deeming

  • there to be no disposal by the deceased, see CG30330


  • the acquisition by the personal representatives or legatees to be at probate value, see CG30730.