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Official guidance
Capital Gains Manual

CG31440P · Death and Personal Representatives: Variation of the devolution of an estate: Deeds of disclaimer

  • CG31440 · Variations: estate: disclaimers: general
  • CG31450 · Variations: estate: disclaimers: legal effects: absolute interests
  • CG31470 · Variations: estate: disclaimers: limited interests disclaimed
  • CG31480 · Variations: estate: disclaimers: CGT: if conditions satisfied
  • CG31490 · Variations: estate: disclaimers: conditions
  • CG31500 · Variations: estate: disclaimers: conditions not satisfied
  • CG31510 · Variations: estate: disclaimers: disclaimed assets
  • CG31520 · Variations: estate: disclaimers: documents
  • CG31522 · Variations: estate: disclaimers: checking with HMRC - Trusts and Estates IHT
  • CG31540 · Variations: estate: disclaimers: where not retrospective for CGT
  1. Death and Personal Representatives: Variation of the devolution of an estate: Deeds of disclaimer: Contents
  2. Death and Personal Representatives: Variation of the devolution of an estate: Deeds of disclaimer:Variations: estate: disclaimers: disclaimed assets

CG31510 | Death and Personal Representatives: Variation of the devolution of an estate: Deeds of disclaimer:Variations: estate: disclaimers: disclaimed assets

From HM Revenue & Customs · Capital Gains Manual

A person who receives the interest disclaimed by another person receives that interest in general law as a legatee under the will. If the conditions in CG31490 are satisfied that person also receives it as a legatee for Capital Gains Tax purposes. The assets are therefore deemed to have been acquired by the person at market value at the date of death, see CG31140. If those conditions are not satisfied see CG31540.

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