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HMRC internal manual

Capital Gains Manual

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HM Revenue & Customs
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Absolute entitlement: Trustees' power of appropriation: Scottish trusts

Where a trust is set up under Scottish law, unless the deed provides otherwise, the trustees have the power to decide whether assets should be realized or handed over. This power is analogous to an express power of appropriation in an English case. In such cases the instructions at CG37530 - CG375302 therefore apply, but subject to one qualification. The event which gives rise absolute entitlement, other than the final contingency, is the intimation by the trustees to the particular beneficiary that they have appropriated the assets to him or her. See the IHT case of Stenhouse Trustees v Lord Advocate (1984) STC 195.