Chapter IHTM28385

Published date20 March 2016
Record NumberIHTM28385
CourtHM Revenue & Customs
IssuerHM Revenue & Customs

The right to reimbursement is most likely to arise in connection with a guarantee debt (IHTM28354). But it may also arise in relation to, for example, a lessee who has assigned a lease - in which case the lessee would be entitled to reimbursement from the assignee. And in Re Latham [1962] Ch 616 a debt, being Estate Duty payable on the death of a first life tenant that remained unpaid, was held not to be a permissible deduction from the estate of a second life tenant. This was on the basis that the second life tenant’s free estate had a right to reimbursement from the capital of...

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