Gift with Reservation - CGT consequences?

Gift with Reservation - CGT consequences?

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In 2000 a friend was advised by another accountant that she should transfer her property into her sons name so that she may be able to claim housing benefit - bad advice!

Title did transfer and client's Mum has lived there rent free since.

The issue now is that Mum intends to leave the place to her 6 children, not just the one, but it is not in her name.

The bigger issue is the potential CGT position of the son who was gifted the property when it was worth £100k and now it is worth £150k.

Common sense says that some sort of trust declaration should be made dated currently confirming that there was never any intention of transfer of benefit and it has always been Mum's house.

Will this stand up or is there a nailed down CGT position to worry about which will crystalise should title go back into Mum's name?!

I'm tempted to tell my friend to consult a tax lawyer but if there's a simple answer e.g. would the above declaration stand up to scrutiny, then it would be comforting for him to know that.

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