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HMRC internal manual

Capital Gains Manual

Death and Personal Representatives: Variation of the devolution of an estate: Deeds of disclaimer:Variations: estate: disclaimers: disclaimed assets

A person who receives the interest disclaimed by another person receives that interest in general law as a legatee under the will. If the conditions in CG31490 are satisfied that person also receives it as a legatee for Capital Gains Tax purposes. The assets are therefore deemed to have been acquired by the person at market value at the date of death, see CG31140. If those conditions are not satisfied see CG31540.