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HMRC internal manual

Inheritance Tax Manual

HM Revenue & Customs
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Disclaimers: IHT requirements

In addition to satisfying the general law requirements (IHTM35161), the provisions of IHTA84/S142 apply to disclaimers. This means that for IHT purposes

  • the disclaimer must be in writing (a disclaimer by conduct cannot meet the conditions of IHTA84/S142)
  • it must be made within two years of the death, but
  • there does not have to be an election or statement of intent under IHTA84/S142 (2) to bring a disclaimer within the provisions of IHTA84/S142.

IHTA84/S17 (a) and IHTA84/S142 assimilate the treatment of disclaimers to that of variations, so apart from an election or a statement of intent (and the associated penalty provisions) the instructions at IHTM35011 to IHTM35154 apply.

Unlike variations, a disclaimer can apply to an interest in settled property. (IHTM35165)