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Where Taxpayers and Advisers Meet

IHT and Legal Rights

tax999
Posts:18
Joined:Mon Nov 25, 2019 12:43 pm
IHT and Legal Rights

Postby tax999 » Wed Dec 15, 2021 9:10 pm

If an estate is left entirely to a spouse, so of course spouse exemption applies. If a child was to make a legal rights claim (Scotland), does this use up the iht band and make tax payable?

pawncob
Posts:4878
Joined:Wed Aug 06, 2008 4:06 pm
Location:West Sussex

Re: IHT and Legal Rights

Postby pawncob » Thu Dec 16, 2021 10:37 am

I imagine it would have the same effect as a variation of the will, so IHT could become chargeable.
With a pinch of salt take what I say, but don't exceed your RDA

maths
Posts:8430
Joined:Wed Aug 06, 2008 3:25 pm

Re: IHT and Legal Rights

Postby maths » Thu Dec 16, 2021 11:51 pm

Where successful claims are lodged under I (PFD) 1975 by, say, children then whatever is ordered is treated as though it had been provided for in the will. In the current post this may well lead to IHT being levied on the deceased's estate.


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