Eligibility of Executors to Claim Roll Over Relief

I am currently dealing with the administration of the estate of a gentleman who died suddenly and unexpectedly. The deceased had sold part of a farm in his ownership with the expectation that, in appropriate circumstances, he would be able to roll over the gain made on that sale into a suitable alternative asset.

The deceased had entered into contracts for the purchase of another farm but died before the completion date leaving his executors to complete the purchase.

The Executors are clearly a separate entity from the deceased for the purposes of Taxation and I would be very interested to hear from other members of the Forum whether they have any experience of dealing with the Revenue on the question of the eligibility of the Executors to claim Roll Over Relief in such circumstances, please.

Ann Morris
Tanners Solicitors LLP

I suggest you look at the case of Drown & Anor (as exors of Leadley deceased) [2014] TC04007 where HMRC sought, unsuccessfully, to deny various claims made by the executors on behalf of the deceased.

Mark Woolley
Price Bailey LLP