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HMRC internal manual

Capital Gains Manual

Interests in possession: minors: Scotland

Scotland has no equivalent to the Trustee Acts referred to in CG36333. Where however inScotland a minor has an interest in capital under a will or trust deed contingent on thehappening of some event, for example, the attainment of a specified age or marriage, it isa matter of determining the intention of the truster, and in the rare case where this isnot specified in the deed, the normal presumption is that the income should be paid to theminor. If he or she becomes entitled to an absolute interest in income prior to thecontingency date, it is not a life interest. Any objection to treatment on the above linesshould be referred to HMRC Trusts Director’s Office, Edinburgh, with the file.