Q&As

Can a donor state in their Will that any inheritance tax payable on failed potentially exempt transfers exceeding the nil rate band should be paid from their residuary estate and not by the recipients of the failed PETs? If so, what wording should be included in the testator’s Will?

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Published on LexisPSL on 04/03/2020

The following Private Client Q&A provides comprehensive and up to date legal information covering:

  • Can a donor state in their Will that any inheritance tax payable on failed potentially exempt transfers exceeding the nil rate band should be paid from their residuary estate and not by the recipients of the failed PETs? If so, what wording should be included in the testator’s Will?

Inheritance tax (IHT) that becomes payable as a result of a failed potentially exempt transfer is paid by the donee of the gift, unless the donor’s Will provides otherwise. Note, however, that even where the donee is primarily liable

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