Hi Franco,
We cannot reply to letters via this forum and you have posed questions that are about your own situation.
I would therefore suggest that you write to HMRC for a more detailed response. Please note however that we cannot comment on the legality of a will and you will
need to seek independent advice on this matter.
Guidance on settlement legislation is covered in the Trust Settlements and Estates Manual at TSEM4000 onwards.
TSEM4000 - Settlements legislation
f you cannot find the answer to your question you can contact the Trust Office on 0300 123 1072.
Ownership of property comprises legal ownership (
TSEM9120) and beneficial ownership (
TSEM9130).
The same person may be both legal owner and beneficial owner of the property, but there can be a separation of the two.
The legal owner is the person/s in whose name/s the property is held or registered. The beneficial owner is the person for whose benefit the property is held.
It is distinguished from the person in whose name the property is held (the legal owner). The starting point is that the legal owner is presumed to be the beneficial
owner unless there is evidence to the contrary. The legal and beneficial ownership of property may be separated by a valid declaration of trust.
Further information is available at:
TSEM9150 - Ownership and income tax: legal background: ownership: legal and beneficial ownership - separation -
Thank you.