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IHTM35162 | Disclaimers: IHT requirements

From HM Revenue & Customs · Inheritance Tax Manual

In addition to satisfying the general law requirements (IHTM35161), the provisions of IHTA84/S142 apply to disclaimers. This means that for IHT purposes

  • the disclaimer must be in writing (a disclaimer by conduct cannot meet the conditions of IHTA84/S142)

  • it must be made within two years of the death, but

  • there does not have to be an election or statement of intent under IHTA84/S142(2) to bring a disclaimer within the provisions of IHTA84/S142.

IHTA84/S17(a) and IHTA84/S142 assimilate the treatment of disclaimers to that of variations, so apart from an election or a statement of intent (and the associated penalty provisions) the instructions at IHTM35011 to IHTM35154 apply.

Unlike variations, a disclaimer can apply to an interest in settled property. (IHTM35165)