# Inheritance Tax Act 1984, Section 49D: Transitional serial interest: interest to which person becomes entitled on death of spouse or civil partner on or after 6th October 2008

Extent: E+W+S+N.I.

(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.
(2) Condition 1 is that—
(a) the settlement commenced before 22nd March 2006, and
(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”).
(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”).
(4) Condition 3 is that, immediately before F died, F was the spouse or civil partner of E.
(5) Condition 4 is that E became beneficially entitled to the successor interest on F's death.
(6) Condition 5 is that—
(a) section 71A below does not apply to the property in which the successor interest subsists, and
(b) the successor interest is not a disabled person's interest.

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Source: https://www.legislation.gov.uk/ukpga/1984/51/section/49D (the official version)
Page: https://openlegislation.uk/inheritance-tax-act-1984/section-49D
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.