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Home / Simons-Taxes /IHT, trusts and estates /Part I5 Settled property /Division I5.11 Income tax and CGT for settlors /Meaning of 'settlor' for income tax and CGT / I5.1117 The settlor on a variation of a Will or intestacy
Commentary

I5.1117 The settlor on a variation of a Will or intestacy

IHT, trusts and estates

A beneficiary under the Will or intestacy may, by an instrument in writing, vary or disclaim the disposition of property to him and if this is done within two years of a person's death and the beneficiary makes an election, it will not constitute a disposal for CGT purposes1 – see I4.421.

In such a case, property may become settled property which would not otherwise

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