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Giles v The Royal National Institute for the Blind

In Giles v The Royal National Institute for the Blind (HC13B04831 – 02 May 2014) the claimant was applying for rectification of a deed of variation which purported to alter the provisions of a will to reduce inheritance tax.

Hilda had died on 6 February 2006 and her sister Ellen on 11 September 2007. Ellen was a beneficiary under Hilda’s will. Like Hilda Ellen left some specific legacies and the residue of her estate to four charities. The combined effect of the two wills was that the assets that had passed to Ellen under Hilda’s will and then to the charities were subject to inheritance tax.

The claimant (who was the administratrator of Hilda’s estate and the executor of Ellen’s estate) had entered into a deed of variation to redirect Ellen’s entitlement under Hilda’s will to the four charities in order to avoid the inheritance tax. However ...

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