IHTM24101 - Ownership: The meaning of ownership
Ownership is considered to mean
- in the case of property subject to relevant property trusts, (IHTM42165) legal ownership by the trustees
- in all other cases, beneficial entitlement (IHTM04031) which includes entitlement to settled property in which the deceased/transferor had a beneficial interest in possession. (IHTM16062)
In view of IHTA84/S91, where an unadministered residuary estate includes agricultural property, a residuary beneficiary is treated as owning the agricultural property, or an appropriate share of it. (IHTM22022)