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HMRC internal manual

Capital Gains Manual

HM Revenue & Customs
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Variations: estate: disclaimers: example 1

A will provides for

  • X to receive an absolute interest in a parcel of land


  • Y and Z to receive an equal absolute interest in residue. But if either Y or Z is deceased and they have children living at the date of the testator’s death, it provides for their children to receive equal portions of the interest that Y or Z respectively would have received.

Z had two children living at the date of the testator’s death.

If X disclaims the absolute interest in the parcel of land then the land becomes part ofresidue. As a result each of Y and Z will in due course receive a one half absoluteinterest in the land providing they do not disclaim their interests under the will.