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Powers to raise tax

In order to be able to pay any IHT due, a person liable, other than as transferor or as the spouse¹ or civil partner of a transferor, has the power to sell or mortgage, or create a terminable charge on, the property to which the IHT is attributable².

He has this power whether or not the property is vested in him³ (for example, if he has given the property on to someone else) and the entitlement to exercise the power covers not only IHT but any interest thereon and any costs properly incurred⁴. Presumably a person in whom the property is not vested could apply to the court for a vesting order if he could not otherwise raise the amount of the IHT out of the property.

It would seem that such costs should be treated as including costs properly incurred in exercising the statutory power⁵ but not the costs of any application to court, though these may be allowed