Q&As

A Will purports to give the executors authority to approve a variation of a Will on behalf of a minor, unborn person or person lacking mental capacity where that person’s consent would be required for the purposes of section 142 of the Inheritance Tax Act 1984 or section 62 of the Taxation of Chargeable Gains Act 1992. Is it correct that only the court could approve a variation of a Will which decreased such a person’s entitlement?

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Produced in partnership with Graham Stott of 3 PB Barristers
Published on LexisPSL on 15/06/2020

The following Private Client Q&A Produced in partnership with Graham Stott of 3 PB Barristers provides comprehensive and up to date legal information covering:

  • A Will purports to give the executors authority to approve a variation of a Will on behalf of a minor, unborn person or person lacking mental capacity where that person’s consent would be required for the purposes of section 142 of the Inheritance Tax Act 1984 or section 62 of the Taxation of Chargeable Gains Act 1992. Is it correct that only the court could approve a variation of a Will which decreased such a person’s entitlement?

Section 142(1)–(2A) of the Inheritance Tax Act 1984 (IHTA 1984) provides:

‘ …(1) Where within the period of two years after a person’s death—

(a) any of the dispositions (whether effected by will, under the law relating to intestacy or otherwise) of the property comprised in his estate immediately before his death are varied, or

(b) the benefit conferred by any of those dispositions is disclaimed,

by an instrument in writing made by the persons or any of the persons who benefit or would benefit under the dispositions, this Act shall apply as if the variation had been effected by the deceased or, as the case may be, the disclaimed benefit had never bee

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