Part III Individuals, partnerships, trusts and collective investment schemes F8etc
Chapter II Settlements
General provisions
72 Termination of life interest on death of person entitled.
1
On the termination, on the death of the person entitled to it, of F1an interest in possession in all or any part of settled property—
a
the whole or a corresponding part of each of the assets forming part of the settled property and not ceasing at that time to be settled property shall be deemed for the purposes of this Act at that time to be disposed of and immediately reacquired by the trustee for a consideration equal to the whole or a corresponding part of the market value of the asset; but
b
no chargeable gain shall accrue on that disposal.
F61A
Where the interest in possession mentioned in subsection (1) above is one to which the person becomes entitled on or after 22nd March 2006, the first sentence of that subsection applies in relation to that interest only if—
a
immediately before the person's death, the interest falls within subsection (1B) below, or
b
the person dies under the age of 18 years and, immediately before the person's death, section 71D of the Inheritance Tax Act 1984 (age 18-to-25 trusts) applies to the property in which the interest subsists.
1B
An interest falls within this subsection if—
a
the interest is—
i
an immediate post-death interest, within the meaning given by section 49A of the Inheritance Tax Act 1984,
ii
a transitional serial interest, within the meaning given by section 49B of that Act, or
iii
a disabled person's interest within section 89B(1)(c) or (d) of that Act, or
b
section 71A of that Act (trusts for bereaved minors) applies to the property in which the interest subsists.
1C
Subsection (1A) above does not have effect in relation to the operation of subsection (1) above as applied by subsection (2) below (but see subsection (2A) below).
2
F72A
Where the interest in possession mentioned in subsection (2) above is one to which the person becomes entitled on or after 22nd March 2006—
a
subsection (2) above, and
b
the first sentence of subsection (1) above as applied by subsection (2) above,
apply in relation to that interest only if, immediately before the person's death, the interest falls within subsection (1B)(a) above.
F53
This section shall apply on the death of the person entitled to any annuity payable out of, or charged on, settled property or the income of settled property as it applies on the death of a person whose interest in possession in the whole or any part of settled property terminates on his death.
4
Where, in the case of any entitlement to an annuity created by a settlement some of the settled property is appropriated by the trustees as a fund out of which the annuity is payable, and there is no right of recourse to, or to the income of, settled property not so appropriated, then without prejudice to subsection (5) below, the settled property so appropriated shall, while the annuity is payable, and on the occasion of the death of the person entitled to the annuity, be treated for the purposes of this section as being settled property under a separate settlement.
5
If there is F3an interest in a part of the settled property and, where that is F3an interest in income, there is no right of recourse to, or to the income of, the remainder of the settled property, the part of the settled property in which the F4... interest subsists shall while it subsists be treated for the purposes of this section as being settled property under a separate settlement.
Word in Pt. 3 heading inserted (with effect in accordance with Sch. 22 para. 12 of the amending Act) by Finance Act 2009 (c. 10), Sch. 22 para. 9; S.I. 2010/670, art. 2