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Home / Simons-Taxes /IHT, trusts and estates /Part I5 Settled property /Division I5.1 Settled property—overview and key definitions /Unadministered estates and interests in possession / I5.161 Interests in residue as an IIP
Commentary

I5.161 Interests in residue as an IIP

IHT, trusts and estates

I5.161 Interests in residue as an IIP

It is specifically provided that where a person would be entitled to an interest in possession (IIP) in the residue of an estate (if the administration were complete) that person is treated as having an interest in possession in the whole or an appropriate part of the unadministered estate1. The termination by death or disposal of a qualifying interest in possession (Division I5.2) in residue during the administration period therefore gives rise to a deemed transfer of value of the underlying property under the settled property rules, instead of a transfer of value (under the general rules) of the interest of the person whose interest terminates and of a value transferred measured by the actual value of that interest.

The value of the property

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