IHTM35234 - 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鈥檚 鈥榥et estate鈥� as defined for the purposes of the I(PFD)A 1975.听This includes
- the deceased鈥檚 net free estate (the deductible liabilities include testamentary and administration expenses and any IHT payable out of the estate on the deceased鈥檚 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鈥檚 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)听
听