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HMRC internal manual

Capital Gains Manual

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HM Revenue & Customs
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Bare trusts: absolutely entitled judicial comment

Comments on the meaning of the expression `absolutely entitled as against the trustee’ may be found in these tax cases. The first three of them were in fact concerned with the question whether the beneficiary had become absolutely entitled. In such a case there is a deemed disposal by the trustees when absolute entitlement occurs. See CG37000 - CG37001 and TCGA92/S71 (1).

  • Tomlinson v Glyns Executor and Trust Co 45TC600 at 606B-E and 610G-H,
  • Stephenson v Barclays Bank Trust Co 50TC374 at 387D-389D,
  • Hoare Trustees v Gardner 52TC52 at 76A-78D,
  • Booth v Ellard 53TC393 at 410H-411F and 418F-G.

There are also two cases dealing with executors

  • Cochrane’s Executors v CIR, 49TC299, at 305B-I and
  • Prest v Bettinson, 53TC437, at 443G-444A.