IHTM12035 - Investigating form D1: noting future claims under the will

You are responsible for checking whether any future change in the interests under a will may give rise to a claim for tax

You need to consider future settled property claims that

• involve an interest in possession (IHTM16061), such as a life interest, which will give rise to a change on its termination, and
• those where there is no interest in possession, that is to say ‘discretionary trusts’.

You should note the prospective claim and make a suitable reference at the file to review when the case reaches the closing stage

When a file is ready for closing you should follow the procedures for noting future claims (IHTM39011).

When noting the prospective future claim you should also consider sending a form LIT 1 to the Trust District under the formal liaison procedures (IHTM09201).