• Chapter 9 Deceased estates

    Attention

    Warning:

    This information may not apply to the current year. Check the content carefully to ensure it is applicable to your circumstances.

    End of attention

    If you are a deceased person's legal personal representative or a beneficiary of a deceased estate, you should read this chapter to find out about the special capital gains tax (CGT) rules that apply.

    Unfamiliar terms

    There may be terms in this chapter that are not familiar to you. Refer to chapter 1 in part A for more information or to Explanation of terms.

    When a person dies, the assets that make up their estate can:

    • pass directly to a beneficiary (or beneficiaries), or
    • pass directly to their legal personal representative (for example, their executor) who may dispose of the assets or pass them to the beneficiary (or beneficiaries).

    A beneficiary is a person entitled to assets of a deceased estate. They can be named as a beneficiary in a will or they can be entitled to the assets as a result of the laws of intestacy (when the person does not make a will).

    A legal personal representative can be either:

    • the executor of a deceased estate (that is, a person appointed to wind up the estate in accordance with the will), or
    • an administrator appointed to wind up the estate if the person does not leave a will.
    Last modified: 04 Mar 2016QC 27527