• Deceased estates

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

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

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    New terms

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    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 a person dies without having made 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: 06 Oct 2009QC 27921