{
  "url": "https://openlegislation.uk/inheritance-tax-act-1984/section-49D",
  "json_url": "https://openlegislation.uk/inheritance-tax-act-1984/section-49D.json",
  "legislation": "ukpga/1984/51",
  "legislation_title": "Inheritance Tax Act 1984",
  "legislation_url": "https://openlegislation.uk/inheritance-tax-act-1984",
  "path": "section/49D",
  "kind": "section",
  "number": "49D",
  "heading": "Transitional serial interest: interest to which person becomes entitled on death of spouse or civil partner on or after 6th October 2008",
  "text": "(1) 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.\n(2) Condition 1 is that—\n(a) the settlement commenced before 22nd March 2006, and\n(b) 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”).\n(3) 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”).\n(4) Condition 3 is that, immediately before F died, F was the spouse or civil partner of E.\n(5) Condition 4 is that E became beneficially entitled to the successor interest on F's death.\n(6) Condition 5 is that—\n(a) section 71A below does not apply to the property in which the successor interest subsists, and\n(b) the successor interest is not a disabled person's interest.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Ss. 49A-49E inserted (22.3.2006) by Finance Act 2006 (c. 25), s. 156, Sch. 20 para. 5(1)(2)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Word in s. 49D(3) substituted (retrospective to 6.4.2008) by Finance Act 2008 (c. 9), s. 141(1)(b)(2)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "S. 49D: word in heading substituted (retrospective to 6.4.2008) by Finance Act 2008 (c. 9), s. 141(1)(b)(2)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1984/51/section/49D",
    "retrieved_at": "2026-10-29T10:01:12.914001+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}