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HMRC internal manual

Capital Gains Manual

HM Revenue & Customs
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Separate settlements: form of the transaction: power in wider form

In Bond v Pickford the trustees had several different powers which they could have used, but the one which they used was clearly in `narrower form’, because

a) it clearly contemplated that the trustees of the original settlement would continue to administer the property, and
b) did not provide for any delegation of power to other trustees.
The latter is in general the most important factor in determining that a power is in narrower form. You should look for references to other trustees having powers or being able to exercise discretion. A statutory power of advancement is a power in `wider form’.