Q&As

A deceased client funded the purchase of a house which their partner moved into and lived in with her for two years up to her death. He did not contribute any capital or outgoings but may have brought a little bit of furniture into the house. No written agreements were made between the deceased and their partner. The deceased left the house to him in her Will. The agents’ valuations are for vacant possession at the date of death. Is there authority to discount that value for inheritance tax purposes to take account of the partner’s right to occupy the house?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 29 July 2020
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A person is generally free to leave their property by Will to whomsoever they may choose, provided that the Will complies with the necessary formalities relating to its Execution contained within section 9 of the Wills Act 1837. In this scenario, it appears clear that the deceased was the legal and beneficial owner of the relevant property, and that it has been left to the partner by Will, meaning that, subject to an assent or

Chris Bryden
Chris Bryden

Barrister, 4 King’s Bench Walk

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Vacant Possession definition
What does Vacant Possession mean?

Property sold with vacant possession must be empty of existing tenants or other occupiers (whether or not occupation is authorised), and all goods and rubbish (subject to the de minimis rule) that substantially prevent or interfere with the enjoyment of a substantial part of the property on or before completion.

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