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

IHTM35001 Introduction

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Provisions which relate to changes in the devolution of an estate

IHTM35002 Provisions which relate to changes in the devolution of an estate

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Instruments of Variation

IHTM35011 Introduction
IHTM35012 What you should do when you receive an Instrument of Variation
IHTM35013 Time limits

Published guidelines

IHTM35021 Introduction
IHTM35022 Form of an instrument
IHTM35023 Who should make the instrument?
IHTM35024 Time limit
IHTM35025 Destination of property must be varied
IHTM35026 Examples where the destination of property is varied
IHTM35027 Notice of election must be given where instrument executed prior to 1 August 2002
IHTM35028 Statement of Intent must be included where instrument executed on or after 1 August 2002
IHTM35029 Calculation of additional tax and form IOV2

Form IOV1

IHTM35031 Introduction
IHTM35032 When a variation can be made

Who should make the instrument?

IHTM35041 Introduction
IHTM35042 Dead beneficiaries
IHTM35043 Income between two deaths
IHTM35044 Limited interests
IHTM35045 Interests of persons not party to the instrument (England, Wales and Northern Ireland)
IHTM35046 Interests of persons not party to the instrument (Scotland)
IHTM35047 Examples where the interests of persons not party to the instrument are affected
IHTM35048 Women past the age of child bearing

Has an election been made?

IHTM35051 Introduction
IHTM35052 Requirements for a valid election
IHTM35053 Form of an election
IHTM35054 Persons making the instrument
IHTM35055 Personal representatives
IHTM35056 The six month time limit
IHTM35057 Late elections
IHTM35058 Instruments executed on or after 1 August 2002: Has a statement of intent been included?
IHTM35060 Has Stamp Duty exemption been claimed?

Meaning of estate for s.142

IHTM35071 Introduction
IHTM35072 Settled property
IHTM35073 Partnerships

How many variations can be attempted?

IHTM35081 Introduction
IHTM35082 Second variation affecting the same property
IHTM35083 Variations affecting different items of property
IHTM35084 Special power enlargement or advancement (Scotland)
IHTM35085 Link between s.142 and s.144
IHTM35086 Rectification of errors

Property redirected to the spouse or civil partner

IHTM35091 Introduction
IHTM35092 Variations and joint property
IHTM35093 Gifts back to original beneficiaries
IHTM35094 Redirection of excluded property
IHTM35095 Limited interest slightly longer than two years

IHTM35100 Consideration brought in from outside the estate
IHTM35110 Does the variation affect another estate?

Property redirected to a charity

IHTM35121 Redirection to a charity by an individual
IHTM35122 Gift Aid relief
IHTM35123 Redirection to a charity by a non-qualifying body
IHTM35124 Requirement to notify IoV to charity

Trust created by a variation

IHTM35131 Introduction
IHTM35132 Procedure when a trust is created
IHTM35133 Short-term interests disregarded
IHTM35134 Distribution before the end of the short term interest

IHTM35140 Procedure on completing form IOV1

IHT implications of an Instrument of Variation

IHTM35151 Effect of coming within s.142
IHTM35152 Increased exemption
IHTM35153 Increased tax as result of instrument executed before 1 August 2002
IHTM35154 Effect of not coming within s.142
IHTM35155 Excepted estates
IHTM35156 Increased tax as result of instrument executed on or after 1 August 2002 *

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Disclaimers

IHTM35161 Introduction
IHTM35162 IHT requirements
IHTM35163 What you should do when you receive a disclaimer
IHTM35164 Dead beneficiaries
IHTM35165 Interests in settled property
IHTM35166 Class-closing rules

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Compliance with a testator's request

IHTM35171 Introduction
IHTM35172 What you should do if you are notified of a transfer
IHTM35173 Transfers of land and to charity

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Distribution from a relevant property trust set up by Will

IHTM35181 Introduction
IHTM35182 When s.144 applies
IHTM35183 What you should do if you receive a deed of appointment
IHTM35184 IHT implications

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Surviving spouse or civil partner elects to take a lump sum under intestacy (England and Wales)

IHTM35190 Surviving spouse or civil partner elects to take a lump sum under intestacy *

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

IHTM35201 Introduction
IHTM35202 Orders under s.2 I(PFD)A 1975
IHTM35203 Orders under ss. 8 & 9 I(PFD)A 1975
IHTM35204 Orders under s.10 I(PFD)A 1975
IHTM35205 Example of an order under s.10
IHTM35206 Orders staying or dismissing proceedings
IHTM35207 Claims settled without a Court Order
IHTM35208 Settled property

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Provisions relating to Legitim

IHTM35211 Introduction
IHTM35212 Basic rule in s.147
IHTM35213 Alternative to the basic rule
IHTM35214 What is an appropriate case?
IHTM35215 Notice of election
IHTM35216 Action on receipt of an election
IHTM35217 Writing to those entitled to claim legitim
IHTM35218 Future claims to tax
IHTM35219 IHT consequences of an election under s.147(4)
IHTM35220 Example of the consequences of an election under s.147(4)

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The Inheritance (Provision for Family and Dependants Act) 1975

IHTM35231 Introduction
IHTM35232 Persons who may apply
IHTM35233 Orders the Court can make
IHTM35234 Net estate for I(PFD)A 1975 purposes