IHTM12000 - Succession: contents


Summary

Wills

Intestacy

Succession: simultaneous deaths (Commorientes)

Scottish Prior and Legal Rights

Summary

IHTM12001

Summary

boxes 24 to 26 of the IHT400

IHTM12011

Purpose of the questions

Information given at boxes 24 to 26 of the IHT400

IHTM12021

Deceased's former residence

IHTM12022

Other items in the will

Investigating boxes 24 to 26 of the IHT400

IHTM12031

General approach

IHTM12032

Deceased's former residence

IHTM12033

Other items in the will

IHTM12035

Noting future claims under the will

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Wills

IHTM12041

What is a will?

IHTM12042

Characteristics of a will

IHTM12043

Requirements for making a valid will

IHTM12044

Formalities required to make a valid will

IHTM12045

Capacity required to make a valid will

IHTM12046

Privileged wills

IHTM12047

Scottish Wills

Construction of wills

IHTM12051

General approach

IHTM12052

Principles of construction

IHTM12053

Meaning of words and phrases

IHTM12054

Inconsistent clauses

IHTM12055

Extrinsic evidence

IHTM12056

Rectification of wills

Joint and Mutual wills

IHTM12061

Introduction

IHTM12062

Joint wills

IHTM12063

Mutual wills

Revocation of a will

IHTM12071

Introduction

IHTM12072

By subsequent will or codicil

IHTM12073

By destruction

IHTM12074

By marriage or civil partnership

IHTM12075

Partial revocation

Wills: legacies and devises

IHTM12081

Background

IHTM12082

Classification of legacies and devises

IHTM12083

Ademption

IHTM12084

Lapse (England, Wales and Northern Ireland)

IHTM12085

Vesting (Scotland)

IHTM12086

Abatement

IHTM12087

Abatement where there are not enough assets to pay the gifts in full

IHTM12088

Abatement caused by grossing up under s.38

The incidence of debts and legacies

IHTM12091

Debts charged on property

IHTM12092

Acceptance of liability to pay debts

IHTM12093

Payment of uncharged debts out of the estate

IHTM12094

Payment of legacies

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Intestacy

IHTM12101

Background

Intestacy (E & W)

IHTM12111

Summary of the main rules of intestacy - chart

IHTM12112

Rules of intestacy

Distributions under intestacy (E & W)

IHTM12121

Surviving spouse or civil partner

IHTM12122

Statutory legacy

IHTM12123

Other factors affecting surviving spouse's or civil partner's entitlement

IHTM12124

Issue

IHTM12125

Other persons

IHTM12126

Bona vacantia

IHTM12127

Beneficiary does not take up an entitlement under intestacy

IHTM12128

Partial intestacy

IHTM12129

Hotchpot

Intestacy (Scotland)

IHTM12141

Summary of the main rules of intestacy - chart

IHTM12142

Rules of intestacy

Distributions under intestacy (Scotland) -

IHTM12151

Surviving spouse or civil partner

IHTM12152

Children

IHTM12153

Other persons

IHTM12154

Ultimus haeres

IHTM12155

Beneficiary does not take up an entitlement under intestacy

IHTM12156

Partial intestacy

Intestacy (NI)

IHTM12161

Summary of the main rules of intestacy - chart

IHTM12162

Rules of intestacy

Distributions under intestacy (NI)

IHTM12171

Surviving spouse or civil partner

IHTM12172

Statutory legacy

IHTM12173

Other factors affecting surviving spouse's or civil partner's entitlement

IHTM12174

Issue

IHTM12175

Other persons

IHTM12176

Bona vacantia

IHTM12177

Beneficiary does not take up an entitlement under intestacy

IHTM12178

Partial intestacy

IHTM12179

Hotchpot

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Succession: simultaneous deaths (Commorientes)

IHTM12191

Introduction

IHTM12192

General law (England and Wales)

IHTM12193

General law (Scotland)

IHTM12194

General law (Northern Ireland)

IHTM12195

IHT position

IHTM12196

Death of younger

IHTM12197

Death of elder

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Scottish Prior and Legal Rights

IHTM12201

Introduction

IHTM12202

Prior and Legal rights - chart

Prior rights

IHTM12211

Prior rights on Intestacy

IHTM12212

Value for prior rights

IHTM12213

Examples of prior rights calculations

Legal rights

IHTM12221

Introduction

IHTM12222

Inheritance tax practice on death

IHTM12223

Inheritance tax practice where legal rights are discharged

IHTM12224

Other inheritance tax implications

IHTM12225

Value and estate from which legal rights can be claimed

IHTM12226

Time limit for claim

IHTM12227

Election between testamentary and legal rights

IHTM12228

Effect of lifetime disposals on legal rights entitlement

IHTM12229

Claim or discharge of legal rights

IHTM12230

Death of potential claimant

 

Example of legal rights calculation

IHTM12250

Young persons under 18

IHTM12251

Adults with incapacity

IHTM12252

Definition of children

IHTM12253

Meaning of representation

Example of legal rights calculations

IHTM12241

The facts

IHTM12242

The succession

IHTM12243

Individual succession rights, where claims or discharges of legal rights have yet been made

IHTM12244

Scenario 1

IHTM12245

Scenario 2