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HMRC internal manual

Inheritance Tax Manual

Appropriate person: death of the legal personal representative or the trustee

If a sole legal personal representative or a single trustee dies before any claim is made then the replacement legal personal representative or trustee can make the claim instead. IHTA84/178 (4) confirms that it is the capacity of the person that makes the sales or claims the relief that matters. The personal representative and the trustees are treated for the purposes of the claim as a single and continuing body of persons, distinct from the individuals who may from time to time act in that capacity.

The new legal personal representative or trustee can make the claim in respect of all shares sold in that capacity within 12 months of the original deceased’s death.