Question of the week: Where a party has previously executed deeds of waiver in relation to a loan arrangement for inheritance tax (IHT) planning purposes, but the original documents have since been lost, what legal mechanisms are available to confirm the existence and terms of the waivers without restarting the seven-year period for IHT purposes? Specifically, can the waivers be reaffirmed through a deed of confirmation or affidavit referencing contemporaneous evidence such as drafts, correspondence, or attendance notes? Or does the absence of the original deeds render the waivers ineffective for IHT purposes?
This Q&A considers the legal mechanisms available to confirm the existence and terms of previously executed deeds that have been lost, particularly in...