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Where Taxpayers and Advisers Meet

IHT 400-Joint Life Policies-Deceased was not the owner

taxwize
Posts:6
Joined:Fri Jun 03, 2011 10:18 am
IHT 400-Joint Life Policies-Deceased was not the owner

Postby taxwize » Fri Apr 07, 2017 6:22 pm

Hello-I am reviewing an IHT 400 realting to a late wife-she passed after the husband had passed.Her IHT400 includes the values of two Joint Life Assured Bonds.The lady was not the owner of the Bonds, her husband was the single owner, as advised by the Life Assurance company.The lives assured were the husband and the wife.Payable upon second death.The husband's Will did not specify these Bonds but left (after leaving marital home to wife as life tenant) the residue of Estate to wife.An IHT 400 was not prepared for husband on the basis ( I am told) that his Will was passing all of his estate to surviving spouse.The Life Assurance company consider that these Bonds are appropriate to husband's Estate.There is no indication that the ownership was assigned to the wife before wife passed.Both of the Estates' tax etc paperwork was prepared by family members as named Exors, without legal input.Does it seem correct that these particular Bonds should appear on the IHT400 for the wife? Comments would be welcomed. :?

maths
Posts:8507
Joined:Wed Aug 06, 2008 3:25 pm

Re: IHT 400-Joint Life Policies-Deceased was not the owner

Postby maths » Fri Apr 07, 2017 7:15 pm

The policy does not appear to be a jointly owned policy. It is owned by husband only albeit that the policy is written on a joint lives last survivor basis.

On the death of the single policy owner (ie husband) any legal and beneficial interest therein passes under the husband's will, in this case to surviving spouse.

The policy is an asset of the husband's estate and included as such for IHT purposes. However, as it seems the whole of the husband's estate was left to the wife then no IHT arises.

On the subsequent death of the wife, the policy matures and it forms part of wife's estate for IHT passing under her will.

The executors of the wife's estate are in a position to arrange with the life company for an assignment of the policy if necessary.


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