Post-death rearrangements
Post-death rearrangements

The following Wills & Probate guidance note provides comprehensive and up to date legal information covering:

  • Post-death rearrangements
  • Precatory trusts
  • Inheritance (Provision for Family and Dependants) Act 1975
  • Two-year discretionary trusts
  • Disclaimers

Precatory trusts

Where a testator leaves property under their Will to a legatee with the wish that the legatee transfer the property to another person and within two years of the death the legatee complies with that wish, the transfer by the legatee is treated a post-death variation to which section 143 of the Inheritance Tax Act 1984 (IHTA 1984) applies.

Inheritance (Provision for Family and Dependants) Act 1975

Under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) the court may make an order for financial provision overriding a deceased’s Will or the intestacy provisions.

Two-year discretionary trusts

A testator may leave part (or all) of their estate on discretionary trusts. Distributions can be tailo