Jurisdiction(s):
United Kingdom

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Key definition

Personal representatives definition

What does Personal representatives mean? In probate and estate administration, personal representatives are the individuals who step into the shoes of the deceased to collect, manage and distribute the estate. In England and Wales and Northern Ireland, the term covers executors (appointed by will) and administrators (appointed on intestacy or where no executor can act) once a grant of probate or letters of administration is issued. It is defined in legislation (for example, the Administration of Estates Act 1925). In Ireland, the Succession Act 1965 defines personal representatives likewise, with grants issued by the Probate Office. In Scotland, the officeholder is an executor (executor-nominate or...

Capital gains tax on estate assets transferred by personal representatives to beneficiaries: legatees, trustees, charity sales, post-death variations and practical administration planning

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Practice notes

When someone dies, their Personal representatives (PRs) must compute and pay any Inheritance tax (IHT) to secure the grant and deal with the estate. They are also charged with closing the deceased’s tax position up to the date of death, and the income tax and/or capital gains tax (CGT) outstanding at that point can influence the exact IHT due. Thereafter, the PRs must account separately to HMRC for any CGT (and income tax) arising during the administration period. In general terms, that period runs from death until the residuary estate is identified and the estate is fully wound up. CGT can arise where the PRs dispose of assets that have increased in value since death; however, if a sale occurs within a specified window after death, the sale proceeds may replace the death value for IHT calculations, rather than the PRs incurring a CGT charge. This Practice Note addresses the CGT treatment when PRs transfer estate assets to beneficiaries, rather than sell to external buyers, during the administration of the estate. For further information on the CGT position when PRs pass estate assets to beneficiaries, rather than dispose of them to third parties, during the administration period in practice further...

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Web page updated on 21/05/2026

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