Willtrust
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Appropriation of shares
I am a trustee of my father’s will trust. There are various shareholdings in the estate and I see from previous answers in the forum that if the trustees appropriate the shares to the beneficiaries they can use their annual CGT exemption on the sale of shares. I have a few questions: 1. Is there a form of Deed of Appropriation which HMRC approve or any particular content they require; 2. Does the Deed need to be filed with HMRC by the trustees or the beneficiaries; 3. Can the shares be sold by the Trustees on the beneficiaries behalf. The shares are still registered in the name of my father but I have registered his death with the company registrars. I would like to be able to sell the shares on behalf of the beneficiaries without an actual transfer of the legal title to the shares by the trustees to the beneficiaries. 4. If I leave the shares in the name of my late father and appropriate the shares to the beneficiaries then at the beneficiaries request sell the shares and distribute the proceeds of sale to them. This would be the simplest way to allow them to use their annual CGT exemption and avoid them having to set up share dealing accounts and deal with the sale. Does this work and would HMRC be happy with this?