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SCHEDULE 12U.K.Settlements: amendment of TCGA 1992 etc

Part 3U.K.Consequential and minor amendments


11(1)In section 63 (death: application of law in Scotland)—U.K.

(a)in subsection (1) omit the words “an heir of entail in possession of any property in Scotland subject to an entail, whether sui juris or not, or of”, and

(b)in subsection (2)—

(i)omit the words “For the purposes of this Act,”,

(ii)omit the words “heir or” before “liferenter”, and

(iii)omit the words “the heir of entail next entitled to the entailed property under the entail or, as the case may be,”.

(2)After section 63 insert—

63ADeath: application of law in Northern Ireland

(1)The provisions of this Act, so far as relating to the consequences of the death of a person to whom property in Northern Ireland stands limited for life (“the deceased”), shall have effect subject to the provisions of this section.

(2)A person who acquires property in fee simple absolute or fee tail in possession as a consequence of the deceased's death shall be deemed to have acquired all the assets forming part of the property at the date of the deceased's death for a consideration equal to their market value at that date.

(3)The provisions of this paragraph shall have effect in relation to a death occurring on or after 6th April 2006.