Q&As

A Will purports to give the executors authority to approve a variation of a Will on behalf of a minor, unborn person or person lacking mental capacity where that person’s consent would be required for the purposes of section 142 of the Inheritance Tax Act 1984 or section 62 of the Taxation of Chargeable Gains Act 1992. Is it correct that only the court could approve a variation of a Will which decreased such a person’s entitlement?

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Produced in partnership with Graham Stott of gunnercooke LLP
Published on: 15 June 2020
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Section 142(1)–(2A) of the Inheritance tax Act 1984 (IHTA 1984) provides:

‘ …(1) Where within the period of two years after a person’s death—

(a) any of the dispositions (whether effected by will, under the law relating to Intestacy or otherwise) of the property comprised in his estate immediately before his death are varied, or

(b) the benefit conferred by any of those dispositions is disclaimed,

by an instrument in writing made by the persons or any of the persons who benefit or would benefit under the dispositions, this Act shall apply as if the variation had been effected by the deceased

Graham Stott
Graham Stott

gunnercooke LLP

Graham Stott is a former solicitor (2001) and a Notary Public (2007), having worked in high street, City, regional and national firms of solicitors. Graham is also a former soldier and officer who has attended the Royal Military Academy Sandhurst.

Graham is experienced in the drafting of wills, codicils, trust documents and powers of attorney, disputed wills, contentious probate, intestacy, trust disputes, Inheritance Act claims, TOLATA, proprietary estoppel, equitable accounting, and Court of Protection.

Whilst a solicitor, Graham acted for HNW individuals, company directors, entrepreneurs, non-domiciled/non-resident individuals, PRs, trustees and elderly/vulnerable clients.

Graham also has experience working with wealth preservation teams from national firms of accountants, private banks and the private wealth divisions of high street banks in wealth preservation and succession planning. Graham has acted as an enduring/lasting attorney, a professional executor and a professional trustee.

Graham’s practice includes advisory, drafting, advocacy as well as the conduct of litigation.

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Authority definition
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The public sector body procuring the project. This might, for example, be a local authority, an NHS trust, a central Government Department or a Non-Departmental Public Body.

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