IHTM04374 | Woodlands: the death estate

From HM Revenue & Customs · Inheritance Tax Manual

For the relief to be available, the trees or underwood must be growing on land which is reflected in the value of a person’s estate () immediately before his death - . The normal rules apply to determine what constitutes a deceased’s death estate for this purpose. The main categories included and so for which the relief may be available (the other conditions also have to be satisfied) are

  • the free estate

  • the deceased’s severable share of joint property, () or in Scotland heritable property passing under a survivorship destination ()

  • settled property in which the deceased had a qualifying interest in possession, () and

  • property chargeable under as a gift with reservation of benefit (GWR) (). You should refer any claim for relief where tax is chargeable under FA1984/S102 (3) to Technical to consider the question of who is beneficially entitled to GWR property under .

The main categories excluded from the death estate, and so for which there can be no relief, are

  • lifetime transfers other than GWRs - the fact that a potentially exempt transfer () becomes chargeable solely by reason of the transferor’s death within seven years does not make it part of the death estate,

  • charges on trusts under the relevant property regime,

  • transfers by close companies.