Chapter CG30700

Published date12 March 2016
Record NumberCG30700

The period during which the personal representatives are settling the estate is called a period of administration. The period starts with the death of the deceased person. The date on which it ends is a question of fact which is often difficult to resolve. During this period the liability for Capital Gains Tax on sales of assets from the estate falls on the personal representatives unless they have taken specific steps to vest the ownership of the assets involved in legatees in advance of the sale, see CG30900.

When considering when administration is complete the Courts look for a construction of the law that leads to an early conclusion of administration. The leading case in this respect is CIR v Sir Aubrey Smith 15TC661.

In his judgement Lord Hanworth MR set out a principle of general application when he...

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