Beta This part of GOV.UK is being rebuilt – find out what this means

HMRC internal manual

Capital Gains Manual

HM Revenue & Customs
, see all updates

Bare trusts: infants and other persons under a disability

TCGA92/S60 further extends the bare trust concept to embrace the case where a trustee holds property for a person who would be absolutely entitled but for the fact that he is an infant or other person under legal disability (for example, mentally disordered).

This treatment does not extend to an infant whose contingent interest will vest when he attains the age of majority (Tomlinson v Glyns Executor and Trustee Co, 45TC600). The trustee in this case argued unsuccessfully that if the beneficiary had been 21 his interest would have been absolute, therefore he was absolutely entitled but for being an infant. The judge explained that infancy or other disability must be the only bar: in this case the beneficiary had a contingent interest because he had not reached the requisite age.

As regards the possible application before 18 March 1981 of Section 54(1) CGTA 1979, now TCGA92/S71, on the occasion when a beneficiary would have become absolutely entitled but for the fact that he was an infant or other person under legal disability, see CG37750+.