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HMRC internal manual

Capital Gains Manual

Death and Personal Representatives: Variation of the devolution of an estate: Instruments of variation: Variations: instruments of variation: legal effects

For the purposes of general law

  • if an instrument of variation is executed whilst the assets involved are still vested in the personal representatives, then when the assets vest they pass to the person to whom they are assigned (the assignee) by the instrument of variation
  • if an instrument of variation is executed

 

  • after the assets have vested in the legatee

and

  • before the assets have been disposed of by the legatee

the assets pass from that legatee to the assignee in precisely the same way that they would pass if the legatee had made a gift to the assignee on the date of the variation

  • if an instrument of variation is executed

 

  • after the assets have vested in the legatee

but

  • after the assets have been disposed of by the legatee

then subject to CG31600 the disposal proceeds from the disposal of the assets pass from the legatee to the assignee.