Estate planning is routinely structured by reference to the Capital Acquisitions Tax Consolidation Act 2003 and the Taxes Consolidation Act 1997. Yet many of the most significant tax outcomes in an estate are determined not by tax legislation but by the operation of the Succession Act 1965 (the “Act”). Statutory entitlements, estate administration constraints and claims arising under the Act may materially alter the destination, timing and nature of assets passing on death, with direct tax consequences for CAT exposure, relief availability and the overall effectiveness of the succession plan.
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