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HMRC internal manual

Capital Gains Manual

HM Revenue & Customs
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Variations: estate: deeds of appointment: power to appoint

The assets will normally vest in the trustees on the ascertainment of residue, seeCG30940+. But, occasionally, specific steps may be taken to vest assets in will trusteesin advance of residue being ascertained see CG30910+. Where the trustees exercise theirpowers of appointment AFTER the assets have vested then the assets concerned will alreadyhave passed out of the estate and into the hands of the trustees. In these circumstancesthe exercise of the power of appointment so that a beneficiary becomes absolutely entitledamounts to a disposal for CGT purposes.