Part 10Miscellaneous income

Chapter 3Beneficiaries' income from estates in administration

Successive interests

957Holders of limited interests

1

This section applies if—

a

two or more interests in the whole or part of the residue of an estate are held successively during the administration period by different persons,

b

the earlier or, if there are more than two, the earliest of the interests is a limited interest, and

c

each later interest arises or is created on the cessation of the previous interest otherwise than by death.

2

Income is treated as arising from a limited interest in the whole or part of the residue of the estate in an accounting period in cases A, B and C.

3

Case A is where—

a

one of the successive interests subsists at the beginning of the accounting period of a company which has or has had one of the interests which is a limited interest (the “limited holder”),

b

a sum is paid in respect of one of the interests in that period and before the end of the administration period, and

c

the limited holder is entitled to receive the payment.

4

Case B is where—

a

the accounting period of a limited holder is the final accounting period,

b

one of the successive interests subsists at the beginning of that period,

c

a sum remains payable in respect of one of the interests at the end of the administration period, and

d

the limited holder is entitled to receive the payment.

5

Case C is where—

a

the accounting period of a limited holder is a period before the final accounting period,

b

the last of the successive interests ceases in the accounting period,

c

a sum is either—

i

paid in respect of one of the interests in a later accounting period but before the end of the administration period, or

ii

remains payable in respect of it at the end of the administration period, and

d

the limited holder is entitled to receive the payment.