Commentary

I3.741 Post-death variations and disclaimers

IHT, trusts and estates

I3.741 Post-death variations and disclaimers

I3.741 Post-death variations and disclaimers

Where, by virtue of IHTA 1984, s 17, a disposition by a person in relation to an interest in the estate of a deceased person is not treated for inheritance tax as a transfer of value, it is also to be disregarded for all pre-owned assets purposes1. Thus a disposition by variation or disclaimer will not be regarded as a disposal or contribution that could give rise to a pre-owned assets charge on land or chattels. Similarly, if the effect of such a disposition was to settle intangible property in such a way that the settlor could be assessed to income tax

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