by downtowner on Wed Sep 27, 2006 11:54 pm
I brought a property and then made a declaration of trust which detailed how my brother and myself were the two equal beneficial owners of the property.
My understanding is that this is a 'bare trust'
so My brother and i are the two beneficiaries of a bare trust with a property settled into the trust by me.
My question is 'how does the changes in April 2006 effect the trust'.
I can find no mention of 'bare trusts' in the government web sites just 'settlor interest trusts' etc.
How can the trust be 'closed' or whatever the legal term is with no cost.
Can the trust by an action by me the trstee just organise the legal ownership of the property to change and hence the benficiaries have had the trust funds assets distributed to them.
I assume this is a zero tax operation because it is a bare trust and no gain so no tax for the trust itself. As equity ownership is not changing there should be no stamp duty on the transaction.
Please comment and suggest how to preceed.
Note: the trust was never intended to avoid any IHT or other tax just to secure ownership of the 50% for my brother.