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HMRC internal manual

Inheritance Tax Manual

From
HM Revenue & Customs
Updated
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Alterations to the devolution of an estate: provisions which relate to changes in the devolution of an estate

The provisions in the IHTA which relate to changes in the devolution of an estate are

  • IHTA84/S142 - where the devolution is changed by instruments of variation (IHTM35011) or disclaimers (IHTM35161) made within two years of the death
  • IHTA84/S143 - where a legatee redistributes assets in compliance with the testator’s request (IHTM35171) within two years of the death
  • IHTA84/S144 - where the Will creates a discretionary trust (IHTM42000) and there is a distribution (IHTM35181) from it within two years of the death
  • IHTA84/S145 - when a surviving spouse or civil partner (IHTM11032) is entitled to a life interest under intestacy and elects to take a lump sum (IHTM35190) instead
  • IHTM/S146 - where the devolution is changed by an Order under the Inheritance (Provisionfor Family and Dependants) Act 1975 (IHTM35201)
  • IHTM/S147 - where, in Scotland, the executors elect that the estate should devolve without regard to legal rights or legitim. (IHTM35211)

The disclaimer of interests (IHTM35165) in settled property (IHTM16180) is the one provision that can apply following a lifetime transfer as well as a death.