Consultation launched over inheritance legislation

The Ministry of Justice (MoJ) has launched a consultation concerning a possible European Commission cross-border inheritance law.

If the legislation takes effect in the UK, it would mean that when a person dies after moving to another country, the rules of their adopted country would apply to their estate.

The department, which is the largest in the government and operates with an annual budget of more than £9 billion, is seeking opinions on the issue.

One of the implications of the potential changes is that the principle of clawback may be introduced into legal battles over wills in the UK.

In other words, heirs may bring back any lifetime gifts, depending on their value and conditions made by the individual, into an estate to be distributed among them.

According to the MoJ, this could impact on charities based in the UK.

It stated: "Heirs of a deceased person who had made a lifetime gift to charity could insist that the gift or legacy made be clawed back into the deceased's estate."
ADNFCR-2353-ID-19483646-ADNFCR

27/11/2009 16:33

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