POST-DEATH CHANGES Flashcards
1
Q
There are two methods by which changes can be made to the dispositions of an estate after the deceased’s death.
A
- Disclaimer
- variation
2
Q
DISCLAIMERS
A
- A benefciary may disclaim an inheritance orally or in writ-ing—unless they accepted any beneft from the gift.
- The disclaimer must be in writing, however, to be efective for inheritance tax and capital gains tax purposes.
- The efect is normally that the disclaimed gift falls into the residue or into partial intestacy if the gift is the residue.
- A disclaimer of a gift under a will does not prevent the person disclaiming from receiving the property under the intestacy rules.
3
Q
VARIATIONS
A
The disadvantage of a disclaimer is that the original benef-ciary has no control over the ultimate destination of the gift.
For this reason a variation is often used. A variation allows a benefciary to change who receives their inheritance.
4
Q
Requirements of Variation
A
- To be effective for inheritance tax and for capital gains tax (that is, to be read back to the date of death as if the de-ceased had left the asset(s) to the new benefciary), the variation must be in writing, made within two years of death, and not made for** monetary consideration. **
- The PRs must sign the election if the inheritance tax liability to the estate increases. Unlike a disclaimer, a partial variation is possible.
Also, a variation can be made even if the original benefciary has accepted a beneft.
5
Q
Taxable to Original Benefciary
A
Ordinarily, a variation will be** a transfer of value** for inheri-
tance tax and a deemed **disposal for capital gains tax **by the original benefciary
6
Q
A