Commentary

I4.537 CGT on disposals by PRs and beneficiaries

IHT, trusts and estates

I4.537 CGT on disposals by PRs and beneficiaries

I4.537 CGT on disposals by PRs and beneficiaries

The assets which the deceased was competent to dispose of at the time of the death pass to the personal representatives (PRs). These are assets which he could have disposed of by Will (if of full age and capacity) assuming that all the assets were situated in England. If the deceased was not domiciled in the UK, he is deemed for this purpose to have been domiciled in England1. The following assets are not deemed to have been transferred to the PRs for this purpose:

  1.  

    (a)     property over which the deceased had power of appointment;

  2.  

    (b)     entailed property which he was empowered by statute to dispose of;

  3.  

    (c)     a gift made by the deceased in his lifetime to take effect on his death (donatio mortis causa)2. For further information on gifts donatio mortis causa, see Halsbury's Laws, Gifts Vol 52

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