Commentary

I4.463 Legal rights—failure to claim

IHT, trusts and estates

I4.463 Legal rights—failure to claim

I4.463 Legal rights—failure to claim

The basic proposition is that a person who claims legal rights forfeits entirely the testamentary provisions in his or her favour. When the extent of the estate is known, persons entitled to claim are asked to elect between acceptance of the testamentary provisions and legal rights.

The terminology arising from testate cases might indicate that legal rights must be claimed, but the strict position is that legal rights attach to the free movable succession at common law and must be paid unless disclaimed or, in testate cases, an election is made in favour of the testamentary provisions.

It has been stated1 that an election not to claim legal rights would not be chargeable to IHT if the election was made within two years of the death and otherwise satisfied2 the

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to TolleyLibrary or register for a free trial