Question 1 FLK2 Wills and the Administration of Estates
An elderly gentleman passed away last year. His estate included several shares in a large corporation (valued at £50,000 at the time of his death) and an antique painting (valued at £15,000 at his death). The gentleman bought the shares for £30,000 seven years ago and received the painting as a gift from his deceased wife 25 years ago, when it was valued at £7,000. The man's valid will left the painting to his son. During the time from death to the end of the tax year, the man's personal representatives, while administering the estate, did the following: they sold the shares for £75,000 and transferred the painting to the man’s son when its value had increased to £25,000. What is the situation regarding the liability of the personal representatives (‘PRs’) to pay capital gains tax (‘CGT’) for this period?
What is the best explanation for the personal representatives' liability to pay Capital Gains Tax (CGT) during this period?
Show the answer and explanation
Answer: D. The PRs will be liable to pay CGT on the sale of the shares as the shares have increased in value from the date of death to the date of disposal.
Option A: This option is incorrect. Although inheritance is often tax-free, the PRs do have a responsibility to pay CGT on any taxable disposals during the period of administration.
Option B: This option is incorrect. The transfer of the painting does not result in any charge to CGT, as no chargeable gain is generated – the son is considered to have acquired the asset at its probate value (£15,000).
Option C: This option is incorrect. The PRs are not liable to pay CGT based on the initial cost of these assets but rather on the increase in value during the period of administration.
Option D: This option is correct. The PRs disposed of the shares, which led to a chargeable gain (considering the value at death as the acquisition value).
Option E: This option is incorrect. The transfer of the painting does not trigger any charge to CGT, and the two disposals do not need to be aggregated.
