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Deceased estates

Last updated 16 June 2019

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

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.

QC58645