The following Wills & Probate guidance note provides comprehensive and up to date legal information covering:
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:
finalise the tax position
deal with administration expenses
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.
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.
Submit the completed tax return to HMRC as soon as possible.
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.
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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