IHTM35013 | Instruments of Variation: time limits
From HM Revenue & Customs · Inheritance Tax Manual
The statutory periods in the legislation are
Where the instrument is executed on or after 1 August 2002
the instrument must be made within two years () of the date of death, and
the instrument must be sent to us within six months of its execution if it contains a statement of intent () that applies to it and it results in additional tax being payable.
Where the instrument is executed on or after 1 August 2002 it must incorporate a statement of intent. The taxpayer will not have the option to submit a separate statement. If the instrument of variation does not include a statement of intent you should advise the taxpayers that will not apply to the variation. If the taxpayers do not accept this you should refer the case to Technical.
Where the instrument was executed before 1 August 2002
the instrument must have been made within two years () of the date of death, and
a written notice of election () must have been given to the Board within six months of its execution.