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2025 in review: Under construction - Tax investigations
Krishna Mahajan
The ability to make a Will and make gifts to loved ones is something most of us take for granted. One of the most common reasons for doing these things is to reduce the Inheritance Tax (IHT) payable on our death.
What exactly is a ‘deathbed’? That was the question for the Court of Appeal when it was asked to rule on whether or not an elderly lady had made a gift of her house to her nephew.
The case of King v Dubrey and others concerned the rather obscure legal doctrine of donatia mortis causa – which means ‘gift in contemplation of death. In other words, a ‘deathbed gift’.
Two-thirds of adults in England and Wales pass away each year without having made a valid Will. Some people simply don't get round to making one; others don't realise that significant events in life, for example marriage, can revoke a previously made Will. Whatever the precise reason for not leaving one, such individuals are said to die 'intestate' and their estates are governed by the ‘intestacy rules’. These determine the distribution of a deceased’s estate after any debts and liabilities, funeral expenses and costs of the administration of the estate have been paid.
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