Deed of Variation and anti-forestalling rules

Trusts Discussion
1

Hello

I appreciate any views on whether a deed of variation executed after 30 October 2024 but for a date of death before the budget, that redirects assets eligible for BPR, be caught by the anti-forestalling rules that are included in HMRCs policy paper summarising the reforms to APR and BPR?

Thank you

2

It probably shouldn’t, because s.142 tends to override everything and the variation should not be considered a lifetime transfer (or indeed a transfer of value at all); but you can’t be sure until the legislation is published.

1 Like