There is special provision restricting the exemption when the beneficiary settles a claim (IHTM11025) against the deceased's estate otherwise than out of the assets of the estate.

Example

Under Richard's Will the whole estate passes to his surviving spouse, Harriet.

Julia (who is Richard's former spouse) makes a claim against the estate for provision out of it.

Harriet settles the claim against Richard's estate out of her own resources.

In this situation, IHTA84/S29A restricts the exemption to the overall net benefit taken by the spouse. IHTA84/S29A applies to deaths on or after 27 July 1989.

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