CGT on transfer of assets from executors to trustees

I would be grateful for the thoughts of forum members please.

I have stumbled across a trust which contains a property that was never transferred from the executors of the deceased to the trustees and many years have now passed.

All other matters relating to the estate were finalised years ago, but I am concerned that as the property has increased in value and I’m unsure if there would be a CGT liability for the executors as a result.

As everything else was concluded such a long time ago and administration period has obviously ended, I am hopeful that there is no CGT issue as the executors are simply holding the property on bare trust for the trustees, but I’m not entirely sure.

Can anyone help please?

Anna Howat
Chattertons Solicitors

S. 62(4) TCGA seems pretty clear that this is no gain / no loss. There is no time limit.

This assumes it formed part of a legacy - residuary or otherwise - to the trustees rather than some other arrangement.

Andrew Goodman
Osborne Clarke LLP

1 Like