Q&As

Can a deed of variation under section 142 of the Inheritance Tax Act 1984 (IHTA 1984) be entered into after a distribution from a trust under IHTA 1984, s 144 has been made in respect of the same property?

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Published on LexisPSL on 20/03/2018

The following Wills & Probate Q&A provides comprehensive and up to date legal information covering:

  • Can a deed of variation under section 142 of the Inheritance Tax Act 1984 (IHTA 1984) be entered into after a distribution from a trust under IHTA 1984, s 144 has been made in respect of the same property?

Section 144(1) of the Inheritance Tax Act 1984 (IHTA 1984) applies where property comprised in a person's estate immediately before his death has been settled by his Will and, within two years of his death, an event occurs which would otherwise have given rise to a charge on that property under the provisions for settlements without a beneficiary-taxed interest in possession.

The consequences of IHTA 1984, s 144 applying are two-fold. First, there is no inheritance t

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