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HMRC internal manual

Inheritance Tax Manual

HM Revenue & Customs
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Definition and extent of liability: personal representatives

Under IHTA84/S272 the term ‘personal representatives’ (IHTM05012) includes

  • any person by whom or on whose behalf an application is made for a grant (IHTM05001) or reseal in the United Kingdom and
  • any such person as is mentioned in IHTA84/S119 (4)(a) - broadly an executor de son tort or constructive trustee.

ScotlandIn Scottish law ‘personal representatives’ is not a term of art and has no precise meaning. It should be regarded as comprehending in Scotland those persons who would answer the description in English law (including the extension by IHTA84/S272). Any question of whether a Judicial Factor is included in the term should be referred to TG.