Part 9Special rules about settlements and trustees

Chapter 2General provision about settlements and trustees

Settlors

472Settlor where property becomes settled because of variation of will etc

1

This section applies if—

a

a disposition of property following a person’s death is varied, and

b

section 62(6) of TCGA 1992 applies in relation to the variation.

2

If property becomes settled property because of the variation (and would not, but for the variation, have become settled property), a person within subsection (3) is treated for the purposes of the Income Tax Acts (except where the context otherwise requires)—

a

as having made the settlement, and

b

as having provided the property for the purposes of the settlement.

3

The persons within this subsection are—

a

a person who immediately before the variation was entitled to the property, or to property from which it derived, absolutely as legatee,

b

a person who immediately before the variation would have been so entitled if that person had not been an infant or otherwise lacking legal capacity,

c

a person who, but for the variation, would have become so entitled, and

d

a person who, but for the variation, would have become so entitled if that person had not been an infant or otherwise lacking legal capacity.

4

For the purposes of subsection (3)—

a

“legatee” includes a person taking property—

i

under a testamentary disposition or on an intestacy or partial intestacy, whether beneficially or as trustee, or

ii

under a donatio mortis causa, and

b

a person who is a legatee as a result of paragraph (a)(ii) is treated as acquiring the property when the donor dies.

5

For the purposes of subsection (4)(a) property taken under a testamentary disposition or on an intestacy or partial intestacy includes any property appropriated by the personal representatives in or towards satisfaction of—

a

a pecuniary legacy, or

b

any other interest or share in the property devolving under the disposition or intestacy.