Commentary

I12.1142 Making specific gifts within the meaning of IHTA 1984, s 39A

IHT, trusts and estates

I12.1142 Making specific gifts within the meaning of IHTA 1984, s 39A

I12.1142 Making specific gifts within the meaning of IHTA 1984, s 39A

Where the testator decides to make a non-exempt gift of business or agricultural property in the event of dying survived by his or her spouse or civil partner, with all or most of the unrelieved part of the estate being the subject of an exempt gift to the surviving spouse or civil partner, his estate will get maximum benefit from business relief or agricultural relief if there is a specific gift to a non-exempt beneficiary of 'relevant business property' (ie property qualifying for business relief) or of 'agricultural property'. 'Specific gift' is defined in IHTA 1984, s 42(1) (which applies to s 39A, among other sections of the Act) to mean any gift other than a gift of residue or a share of residue, but this does not determine what is a specific gift of a particular kind of property. It seems that a

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