Section 49D: Transitional serial interest: interest to which person becomes entitled on death of spouse or civil partner on or after 6th October 2008

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 ("E") is beneficially entitled to an interest in possession in settled property ("the successor interest"), that interest is a transitional serial interest for the purposes of this Chapter if the following conditions are met.

Condition 1 is that—

the settlement commenced before 22nd March 2006, and
immediately before 22nd March 2006, the property then comprised in the settlement was property in which a person other than E was beneficially entitled to an interest in possession ("the previous interest").

Condition 2 is that the previous interest came to an end on or after 6th October 2008 on the death of that other person ("F").

Condition 3 is that, immediately before F died, F was the spouse or civil partner of E.

Condition 4 is that E became beneficially entitled to the successor interest on F's death.

Condition 5 is that—

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

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