CG37332 | Absolute entitlement: date of absolute entitlement

In some cases it is necessary to establish the precise date of absolute entitlement. In Scotland this will generally occur when the resolution of the trustees is intimated to the beneficiaries. See Stenhouse’s Trustees v Lord Advocate, [1984] STC 195, a case on Capital Transfer Tax. In England and Wales a resolution of trustees is not in itself enforceable. Absolute entitlement will not occur until a deed is executed or property is actually transferred.