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HMRC internal manual

Inheritance Tax Manual

the Inheritance (Provision for Family and Dependants Act) 1975: net estate for I(PFD)A 1975 purposes

The property that may be affected by an order is the deceased’s ‘net estate’ as defined for the purposes of the I(PFD)A 1975. This includes

  • the deceased’s net free estate (the deductible liabilities include testamentary and administration expenses and any IHT payable out of the estate on the deceased’s death)
  • property the deceased had power to dispose of by will (otherwise than by virtue of a special power of appointment)
  • nominated property (IHTM15101) and donationes mortis causa (IHTM14900) (at a value which may be net of IHT on that property on the death)
  • if the court so orders, the deceased’s severable share of joint property (IHTM15081) (again taking IHT on that share into account)
  • any money or property which the court may require a donee to pay under s.10 I(PFD)A 1975
  • any IHT repaid to the personal representatives under IHTA84/S146(2)(a)(i) or (4)