IHTM17308 - Pensions: omission to exercise a right prior to 6 April 2011: the Parry case

The case of HMRC v Parry and others [2020] UKSC 35 (‘Parry’) was one where the deceased transferred her pension shortly before she died and omitted to take her pension rights to that death benefits became payable to her sons. The decision was that the omission to exercise the right to take the lifetime pension benefits was treated as a disposition made immediately before the death. Although Mrs Staveley died in December 2006, before IHTA84/S12(2ZA) was introduced, the case has some very useful guidance on the application of IHTA84/S3(3) (IHTM14180) and IHTA84/S10 (IHTM04161). This case is covered in more detail at IHTM17108.