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HMRC internal manual

Capital Gains Manual

Absolute entitlement: special cases: unauthorized distributions

On occasion trustees may execute a deed appointing or advancing property to a beneficiaryin excess of their powers under the deed. Alternatively the beneficiaries may execute adeed under which they agree to bring a trust to an end, but strictly fail to do so becausethere are other persons with remote interests which have been overlooked or disregarded.The most common situation is where the remote interests can only vest if a number ofbeneficiaries die early or in the unlikely event of a particular elderly man begetting(further) children.