If a surviving spouse has disclaimed the statutory sum to which
they were entitled under the intestacy of the first spouse to die,
without also disclaiming any life interest (or in Northern Ireland,
their absolute interest) in the residuary estate to which they were
entitled thereunder, you should not refuse exemption (on the
grounds of competent to dispose ) (
IHTM04457) in respect of the portion of
the residuary estate attributable to the disclaimed sum.
The surviving spouse of an intestate has the statutory right
to elect to have the capital value of their life interest under the
intestacy paid to them. This right, if not exercised, is not
regarded as making them competent to dispose of any of the settled
property.
