Trusts and Estates
IHT valuation of house in disrepair
It is a fundamental principle of IHT that the tax liability consequent upon the death of a property owner must be based upon
the market value of the property comprised in the estate of the deceased. The market value must be the price that would be
paid by a willing buyer to a willing seller. Self-evidently that price must reflect the state of the property at the valuation
date. Often the deceased will have been elderly, and the property requiring valuation will be the dwelling house in which
he lived prior to his death. Very possibly, it will have fallen into a state of some disrepair, which will not have been apparent
to the deceased on account of his deteriorating faculties, or he will have been reluctant or unable to afford to meet the
cost of repairs. The starting point for the valuation may be the price that the property would fetch if sold in good condition,
which can then be adjusted downwards to allow for the actual condition at the statutory valuation date. The process may be
made more difficult if, in fact the District Valuer is only able to inspect the property some time after the death, when repairs
have been carried out. These, and other difficulties faced the Land Tribunal in
Tapp v HMRC 2008 EW Lands TMA/284/2008.