½Û×ÓÊÓƵ

Law Society statement

The Law Society statement of HMRC's policy on instruments of variation referred to in I4.411¹ made the following comments about multiple variations:

'There have been some cases in which a number of instruments of variation have been executed in relation to the same Will or intestacy. The Revenue emphasise that these cases must be considered on their precise facts, but in broad terms their views will be as follows:

1. Ìý

   (i)ÌýÌýÌýÌý an election which is validly made is irrevocable

2. Ìý

   (ii)ÌýÌýÌýÌý an instrument will not fall within IHTA 1984, s 142 if it further redirects any item or any part of an item that has already been redirected under an earlier instrument, and

3. Ìý

   (iii)ÌýÌýÌýÌý to avoid any uncertainty, variations covering a number of items should ideally be made in one instrument

Whilst multiple variations should therefore be avoided when not essential, the Revenue recognise that they are not as such prohibited by s