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HMRC internal manual

Trusts, Settlements and Estates Manual

From
HM Revenue & Customs
Updated
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Legal background to trusts & estates: splitting interests to create a trust

An absolute interest has two elements

  • the legal interest, and
  • the beneficial interest.

The owner of an absolute interest can split the two elements.

He can

  • retain the legal interest and create beneficial interests in the asset
  • retain the beneficial interest in the asset and transfer the legal interest to a nominee
  • transfer the legal interest to trustees and create a beneficial interest in the asset.

Any of these can create a trust. It might be a bare trust.

He can effect this in his lifetime and create a settlement inter-vivos (between theliving). Or he can effect it after his death by including suitable provisions in his will.