IHTM35164 - Disclaimers: dead beneficiaries

If A dies leaving property to B who dies shortly afterwards, the property can be taken out of B's estate for IHT purposes by a disclaimer within IHTA84/S142 (1). The requirements are that

• B had not accepted the gift under A's will or any benefit from it (otherwise there can be no disclaimer)
• the disclaimer is made by both B's personal representatives and beneficiaries, and
• the requirements of IHTA84/S142 (1) are satisfied.

The personal representatives of the deceased can disclaim, under IHTA84/S.93, ( IHTM35165) a beneficial interest in possession ( IHTM16061) given or bequeathed to the deceased which, owing to ill health, ignorance of the interest, or brevity of the time available, the deceased was never in a position either to accept or disclaim.