IHTM35000 - Alterations to the devolution of an estate: contents

Introduction
Provisions which relate to changes in the devolution of an estate
Instruments of Variation
Disclaimers
Compliance with a testator's request
Distribution from a relevant property trust set up by Will
Surviving spouse or civil partner elects to take a lump sum under intestacy (England and Wales)
Orders under the Inheritance (Provision for Family and Dependants) Act 1975
Provisions relating to Legitim (Scotland)
The Inheritance (Provision for Family and Dependants Act) 1975

Introduction

IHTM35001Introduction

Provisions which relate to changes in the devolution of an estate

IHTM35002Provisions which relate to changes in the devolution of an estate

Instruments of Variation

IHTM35011Introduction
IHTM35012What you should do when you receive an Instrument of Variation
IHTM35013Time limits

Published guidelines

IHTM35021Introduction
IHTM35022Form of an instrument
IHTM35023Who should make the instrument?
IHTM35024Time limit
IHTM35025Destination of property must be varied
IHTM35026Examples where the destination of property is varied
IHTM35027Notice of election must be given where instrument executed prior to 1 August 2002
IHTM35028Statement of Intent must be included where instrument executed on or after 1 August 2002
IHTM35029Calculation of additional tax and form IOV2

Form IOV1

IHTM35031Introduction
IHTM35032When a variation can be made

Who should make the instrument?

IHTM35041Introduction
IHTM35042Dead beneficiaries
IHTM35043Income between two deaths
IHTM35044Limited interests
IHTM35045Interests of persons not party to the instrument (England, Wales and Northern Ireland)
IHTM35046Interests of persons not party to the instrument (Scotland)
IHTM35047Examples where the interests of persons not party to the instrument are affected
IHTM35048Women past the age of child bearing

Has an election been made?

IHTM35051Introduction
IHTM35052Requirements for a valid election
IHTM35053Form of an election
IHTM35054Persons making the instrument
IHTM35055Personal representatives
IHTM35056The six month time limit
IHTM35057Late elections
IHTM35058Instruments executed on or after 1 August 2002: Has a statement of intent been included?
IHTM35060Has Stamp Duty exemption been claimed?

Meaning of estate for s.142

IHTM35071Introduction
IHTM35072Settled property
IHTM35073Partnerships

How many variations can be attempted?

IHTM35081Introduction
IHTM35082Second variation affecting the same property
IHTM35083Variations affecting different items of property
IHTM35084Special power enlargement or advancement (Scotland)
IHTM35085Link between s.142 and s.144
IHTM35086Rectification of errors

Property redirected to the spouse or civil partner

IHTM35091Introduction
IHTM35092Variations and joint property
IHTM35093Gifts back to original beneficiaries
IHTM35094Redirection of excluded property
IHTM35095Limited interest slightly longer than two years


IHTM35100Consideration brought in from outside the estate
IHTM35110Does the variation affect another estate?

Property redirected to a charity

IHTM35121Redirection to a charity by an individual
IHTM35122Gift Aid relief
IHTM35123Redirection to a charity by a non-qualifying body

Trust created by a variation

IHTM35131Introduction
IHTM35132Procedure when a trust is created
IHTM35133Short-term interests disregarded
IHTM35134Distribution before the end of the short term interest


IHTM35140Procedure on completing form IOV1

IHT implications of an Instrument of Variation

IHTM35151Effect of coming within s.142
IHTM35152Increased exemption
IHTM35153Increased tax as result of instrument executed before 1 August 2002
IHTM35154Effect of not coming within s.142
IHTM35155Excepted estates
IHTM35156Increased tax as result of instrument executed on or after 1 August 2002 *

Disclaimers

IHTM35161Introduction
IHTM35162IHT requirements
IHTM35163What you should do when you receive a disclaimer
IHTM35164Dead beneficiaries
IHTM35165Interests in settled property
IHTM35166Class-closing rules

Compliance with a testator's request

IHTM35171Introduction
IHTM35172What you should do if you are notified of a transfer
IHTM35173Transfers of land and to charity

Distribution from a relevant property trust set up by Will

IHTM35181Introduction
IHTM35182When s.144 applies
IHTM35183What you should do if you receive a deed of appointment
IHTM35184IHT implications

Surviving spouse or civil partner elects to take a lump sum under intestacy

IHTM35190Surviving spouse or civil partner elects to take a lump sum under intestacy *

Orders under the Inheritance (Provision for Family and Dependants Act) 1975

IHTM35201Introduction
IHTM35202Orders under s.2 I(PFD)A 1975
IHTM35203Orders under ss. 8 & 9 I(PFD)A 1975
IHTM35204Orders under s.10 I(PFD)A 1975
IHTM35205Example of an order under s.10
IHTM35206Orders staying or dismissing proceedings
IHTM35207Claims settled without a Court Order
IHTM35208Settled property

Provisions relating to Legitim

IHTM35211Introduction
IHTM35212Basic rule in s.147
IHTM35213Alternative to the basic rule
IHTM35214What is an appropriate case?
IHTM35215Notice of election
IHTM35216Action on receipt of an election
IHTM35217Writing to those entitled to claim legitim
IHTM35218Future claims to tax
IHTM35219IHT consequences of an election under s.147(4)
IHTM35220Example of the consequences of an election under s.147(4) *

The Inheritance (Provision for Family and Dependants Act) 1975

IHTM35231Introduction
IHTM35232Persons who may apply
IHTM35233Orders the Court can make
IHTM35234Net estate for I(PFD)A 1975 purposes