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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: documents

HMRC’s policy with regard to unsolicited deeds is set out in TSEM1710.  If therefore an unsolicited instrument of disclaimer is received, and there is no immediate cause to look at it, it should be dealt with in strict accordance with TSEM1715.

Exceptionally in an enquiry case you may consider it appropriate to call for an instrument of disclaimer to check

  • that it has been validly made and
  • that the conditions set out in CG31490 have been complied with.

In some cases HMRC - IHT may have checked these points for their purposes. So the first step, following the principles of CG30300, is to find out whether they have considered the deed, and what their conclusions were.  If so then your treatment of the deed should be the same as theirs, unless you consider that not all relevant facts were available to them.