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Readers' Forum
Replies to Queries — 3
Providing for a disabled child
I was interested in the Comment article by Richard Curtis, 'Black & White', in Taxation, 30 September 2004, page 673, and in particular the relationship between IHTA 1984, s 11 and IHTA 1984, s 89.
Readers' Forum
Replies to Queries — 3
Providing for a disabled child
I was interested in the Comment article by Richard Curtis, 'Black & White', in Taxation, 30 September 2004, page 673, and in particular the relationship between IHTA 1984, s 11 and IHTA 1984, s 89.
My reading of the legislation so far has led me to believe that capital provision for a physically or mentally disabled child (whether infant or adult) can only be inheritance tax exempt if it is effected during the lifetime of the donor. In other words, such capital provision made in a will is part of the testator's estate and subject to inheritance tax, in the same way as any other legacy or beneficial share.
Can readers confirm whether or not my reasoning is correct?
(Query T16,518)
