Commentary

I4.418 Consideration for variation or disclaimer

IHT, trusts and estates

I4.418 Consideration for variation or disclaimer

I4.418 Consideration for variation or disclaimer

A variation or disclaimer of any disposition taking effect on a person's death will not qualify for relief if made for any consideration in money or money's worth, other than a consideration consisting of the making of a variation or disclaimer in respect of another of such dispositions1.

This is a fairly common anti-avoidance formula. It has close relations in the capital gains tax (see I4.421) and stamp duty2 legislation. Relief is withdrawn if the variation or disclaimer is made for 'any' consideration in money or money's worth (subject to the exception). It follows that

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