IHTM26011 | Specific gifts: definition

From HM Revenue & Customs · Inheritance Tax Manual

For the purpose of the partly exempt transfer rules () a specific gift is any gift other than a gift of the residue or a share of the residue, under . Typical specific gifts are:

  • pecuniary legacies (), whether given absolutely or settled

  • gifts of particular assets such as

    • the deceased’s residence

    • furniture, jewellery and other household and personal goods and effects

    • shares in companies and business assets.

More unusual specific gifts include

  • a provision in the Will () that a person who owes the deceased money is forgiven the debt, so the debt is cancelled and no longer repayable. (Note that the debt is still an asset of the estate)

  • the statutory legacy () and household and personal goods to which a spouse or civil partner () is absolutely entitled under the intestacy laws () other than in Scotland

  • legal rights () under the law of Scotland (for the burden of tax see ).

  • a provision in the Will that the Inheritance Tax on a lifetime transfer () is to be paid out of the residuary estate . The person who received the gift will get a pecuniary legacy of the amount of the tax