Commentary

Section I4.432 Making the section 144 distribution

IHT, trusts and estates

Section I4.432 Making the section 144 distribution

I4.432 Making the section 144 distribution

IHTA 1984, s 144 only applies where the distribution is made within two years of the testator's death. At one time HMRC took the view that a valid distribution could not be made before the administration of the estate was complete, and so there was no possibility of s 144 applying if the administration was not completed, at least with respect to the assets subject to the distribution, within two years of the testator's death. However, HMRC now accepts that if on the true construction of a Will a distribution may be made within the two-year period and before the estate is fully administered such a distribution may qualify for the relief1. HMRC accepts that if there is the usual definition in the Will of 'my trustees' as the executors and trustees of the Will from the beginning, and it is 'my trustees' on

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