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Disclaimers

Where a person becomes entitled to an interest in settled property but disclaims the interest, then, if the disclaimer is not made for consideration in money or money's worth, the IHT legislation applies as if he had not become entitled to the interest¹.

It should be remembered that a disclaimer cannot be made once the interest has been accepted by, eg, accepting benefit under it², and that in English law disclaimer is only possible in relation to the entire interest, although it may be possible to disclaim part of an interest with the consent of the persons who take the interest in the event of a disclaimer. A disclaimer can be made informally by conduct, and does not need to be by written instrument for the section to apply.

In the Special Commissioner decision Cook v IRC³ the testatrix's widower had been given by her Will a right of residence in the matrimonial home. He died about two months after her, not having lived in the house since the testatrix's