Section 49A: Immediate post-death interest

Inheritance Tax Act 1984 · 1984 c. 51View on legislation.gov.uk

Part III: SETTLED PROPERTY — CHAPTER II: INTERESTS IN POSSESSION, REVERSIONARY INTERESTS AND SETTLEMENT POWERS

Where a person ("L") is beneficially entitled to an interest in possession in settled property, for the purposes of this Chapter that interest is an "immediate post-death interest" only if the following conditions are satisfied.

Condition 1 is that the settlement was effected by will or under the law relating to intestacy.

Condition 2 is that L became beneficially entitled to the interest in possession on the death of the testator or intestate.

Condition 3 is that—

section 71A below does not apply to the property in which the interest subsists, and
the interest is not a disabled person's interest.

Condition 4 is that Condition 3 has been satisfied at all times since L became beneficially entitled to the interest in possession.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.