IHTM35041 | Who should make the instrument? : introduction

The rule is that the instrument has to be made by the person(s) who immediately or prospectively benefit under the terms of the original disposition to which the item of property in question is subject on the death. The person benefiting from the variation does not have to be a party to it.

Persons entitled under foreign law to property in the IHTA84/S142 death estate (IHTM04029) can make a variation within IHTA84/S142 (1).

There are a number of specific circumstances that require detailed consideration. These are where variation is made by or affects

• dead beneficiaries (IHTM35042)

• limited interests (IHTM35044)

• the interests of persons who are not parties to the instrument. ([The rule is that the instrument has to be made by the person(s) who immediately or prospectively benefit under the terms of the original disposition to which the item of property in question is subject on the death. The person benefiting from the variation does not have to be a party to it.

Persons entitled under foreign law to property in the IHTA84/S142 death estate (IHTM04029) can make a variation within IHTA84/S142 (1).

There are a number of specific circumstances that require detailed consideration. These are where variation is made by or affects

• dead beneficiaries (IHTM35042)

• limited interests (IHTM35044)

• the interests of persons who are not parties to the instrument. (](https://www.gov.uk/hmrc-internal-manuals/inheritance-tax-manual/ihtm35045) to IHTM35047)