IHTM15032 | The extent of the share: joint property passing by Will or intestacy

Where the joint property passes by Will (IHTM12041) or intestacy (IHTM12101)

• If the joint ownership is created or evidenced by a document the deceased’s beneficial interest (IHTM15011) will usually be that stated in the document. In England, Wales and Northern Ireland a document is most likely to exist where there is joint ownership of land (IHTM15044). Where there is no document and you need to establish the deceased’s share, problems can arise (IHTM15040).

• A share of joint property (other than money in a joint account in both Scotland (IHTM15051) and the rest of the UK (IHTM15042)) included as part of the deceased’s death estate should generally be accepted as offered. But, you may need to investigate if the deceased’s share of the property shown on the IHT404 is different to the proportion of the purchase price they paid.

• Whether any spouse or civil partner exemption (IHTM11031) (IHTM11032) applies to the deceased’s interest will be determined by the terms of the deceased’s Will, or the rules of intestacy.

• The joint interest forms part of the deceased’s free estate for grossing-up (IHTM26121).