IHTM12000 - Succession: contents

Summary
Supplementary page D1 (form D1)
Wills
Intestacy
Simultaneous deaths (Commorientes)
Scottish Prior and Legal Rights

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IHTM12001Summary

click here to return to topSupplementary page D1 (form D1)

IHTM12011Purpose of the form
IHTM12012Dealing with form D1/will -chart

Information provided on form D1

IHTM12021Deceased’s former residence (question 1)
IHTM12022Other items in the will (question 2)
IHTM12023Non-chargeable beneficiaries (question 3)

Investigating form D1

IHTM12031General approach
IHTM12032Deceased’s former residence (question 1)
IHTM12033Other items in the will (question 2)
IHTM12034Non-chargeable beneficiaries (question 3)
IHTM12035Noting future claims under the will

click here to return to topWills

IHTM12041What is a will?
IHTM12042Characteristics of a will
IHTM12043Requirements for making a valid will
IHTM12044Formalities required to make a valid will
IHTM12045Capacity required to make a valid will
IHTM12046Privileged wills
IHTM12047Scottish Wills

Construction of wills

IHTM12051General approach
IHTM12052Principles of construction
IHTM12053Meaning of words and phrases
IHTM12054Inconsistent clauses
IHTM12055Extrinsic evidence
IHTM12056Rectification of wills

Joint and Mutual wills

IHTM12061Introduction
IHTM12062Joint wills
IHTM12063Mutual wills

Revocation of a will

IHTM12071Introduction
IHTM12072By subsequent will or codicil
IHTM12073By destruction
IHTM12074By marriage or civil partnership
IHTM12075Partial revocation

Wills: legacies and devises

IHTM12081Background
IHTM12082Classification of legacies and devises
IHTM12083Ademption
IHTM12084Lapse (England, Wales and Northern Ireland)
IHTM12085Vesting (Scotland)
IHTM12086Abatement
IHTM12087Abatement where there are not enough assets to pay the gifts in full
IHTM12088Abatement caused by grossing up under s.38

The incidence of debts and legacies

IHTM12091Debts charged on property
IHTM12092Acceptance of liability to pay debts
IHTM12093Payment of uncharged debts out of the estate
IHTM12094Payment of legacies

click here to return to topIntestacy

IHTM12101Background

Intestacy (E & W)

IHTM12111Summary of the main rules of intestacy - chart
IHTM12112Rules of intestacy

Distributions under intestacy (E & W)

IHTM12121Surviving spouse or civil partner
IHTM12122Statutory legacy
IHTM12123Other factors affecting surviving spouse's or civil partner's entitlement
IHTM12124Issue
IHTM12125Other persons
IHTM12126Bona vacantia
IHTM12127Beneficiary does not take up an entitlement under intestacy
IHTM12128Partial intestacy
IHTM12129Hotchpot

Intestacy (Scotland)

IHTM12141Summary of the main rules of intestacy - chart
IHTM12142Rules of intestacy

Distributions under intestacy (Scotland) -

IHTM12151Surviving spouse or civil partner
IHTM12152Children
IHTM12153Other persons
IHTM12154Ultimus haeres
IHTM12155Beneficiary does not take up an entitlement under intestacy
IHTM12156Partial intestacy

Intestacy (NI)

IHTM12161Summary of the main rules of intestacy - chart
IHTM12162Rules of intestacy

Distributions under intestacy (NI)

IHTM12171Surviving spouse or civil partner
IHTM12172Statutory legacy
IHTM12173Other factors affecting surviving spouse's or civil partner's entitlement
IHTM12174Issue
IHTM12175Other persons
IHTM12176Bona vacantia
IHTM12177Beneficiary does not take up an entitlement under intestacy
IHTM12178Partial intestacy
IHTM12179Hotchpot

click here to return to topSuccession: simultaneous deaths (commorientes)

IHTM12191Introduction
IHTM12192General law (England and Wales)
IHTM12193General law (Scotland)
IHTM12194General law (Northern Ireland)
IHTM12195IHT position
IHTM12196Death of younger
IHTM12197Death of elder

click here to return to topScottish Prior and Legal rights

IHTM12201Introduction
IHTM12202Prior and Legal rights - chart

Prior rights

IHTM12211Prior rights on Intestacy
IHTM12212Value for prior rights
IHTM12213Examples of prior rights calculations

Legal rights

IHTM12221Introduction
IHTM12222Inheritance tax practice on death
IHTM12223Inheritance tax practice where legal rights are discharged
IHTM12224Other inheritance tax implications
IHTM12225Value and estate from which legal rights can be claimed
IHTM12226Time limit for claim
IHTM12227Election between testamentary and legal rights
IHTM12228Effect of lifetime disposals on legal rights entitlement
IHTM12229Claim or discharge of legal rights
IHTM12230Death of potential claimant
Example of legal rights calculation
IHTM12250Young persons under 18
IHTM12251Adults with incapacity
IHTM12252Definition of children
IHTM12253Meaning of representation

Example of legal rights calculations

IHTM12241The facts
IHTM12242The succession
IHTM12243Individual succession rights, where claims or discharges of legal rights have yet been made
IHTM12244Scenario 1
IHTM12245Scenario 2