The commentary below considers the situations in which capital gains tax may apply to legatees (ie persons who receive a legacy on the death of another person). For an overview of the taxation of capital gains generally, see C1.101.
For the capital gains tax treatment for the legatees where there is a variation of the distributions from the deceased's estate, see C1.206B.
For the capital gains tax treatment of personal representatives, see C1.206.
Definition of legatee for capital gains tax purposes
'Legatee' includes any person taking under a testamentary disposition or on an intestacy or partial intestacy, whether they take beneficially or as trustee. A donatio mortis causa (ie a gift made by the deceased in life that is to take effect on death) is treated for this purpose in the same manner as a testamentary disposition and not as a gift1.
Property taken under a testamentary disposition or on an intestacy or partial intestacy includes any asset appropriated by the personal representatives in or towards
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