IHTM35002 - 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 (Provision for 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.
