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Whose assets?

27 July 2010
Issue: 4265 / Categories: Tax cases , Inheritance Tax
Re Ahmad (Deceased), Chancery Division

The defendant was the widow of the deceased and the administrator of his estate. The claimants were the deceased’s siblings.

The main asset of the estate was a freehold property worth £450 000 which was formerly registered in the deceased’s sole name.

The deceased had not made a will so the defendant obtained letters of administration and used her grant to transfer the property into her name.

It was later ordered that the property should vest and be registered in the joint names of the first claimant and the defendant.

The claimants issued proceedings seeking a declaration that the assets of the estate were the sole property of the deceased.

The defendant claimed otherwise but failed to show that the assets were jointly owned by her.

It therefore fell to the court to decide whether assets of estate were jointly owned by defendant and...

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