Ascertainment of residue
Ascertainment of residue

The following Wills & Probate guidance note provides comprehensive and up to date legal information covering:

  • Ascertainment of residue
  • Ascertainment of residue
  • Income tax to the date of death
  • Capital gains tax to the date of death
  • Inheritance tax
  • Payment on account
  • Corrective account
  • Clearance certificate
  • Instalment option property
  • Inland revenue charge
  • more

Ascertainment of residue

Once the legacies have been paid, the personal representatives (PRs) can establish the amount available for distribution to the residuary beneficiaries. To do so they must:

  1. finalise the tax position

  2. deal with administration expenses

Income tax to the date of death

Completing the tax return

PRs must notify the deceased's tax inspector of the death and complete the tax return form that the inspector will provide for the period from the previous 6 April to the date of death.

No apportionments

Income due before the deceased's death is part of the deceased's income for inclusion in the tax return. Income due after their death is income of the estate and should not be included in this form.

Payment

Submit the completed tax return to HMRC as soon as possible.

Capital gains tax to the date of death

PRs must pay capital gains tax (CGT) on any chargeable gains realised by the deceased on the disposal of assets before their death. Normal CGT principles apply. Submit details to the deceased's tax inspector informally by letter or in the appropriate place in the income tax return.

Inheritance tax

Land valuations

Unless the estate is comfortably below the IHT threshold, HMRC will usually refer the probate value to the local district valuer, who will either agree the PRs'

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