Fri07282017

Last updateTue, 24 Feb 2015 5pm

Wedlake Bell LLP

Wedlake Bell LLP

Emma Loveday provides some specific examples of the effects of recent reforms to taxation on non-UK domiciled trusts

In the March 2017 edition of Trusts and Estates Law & Tax Journal, I wrote an article entitled ‘Where are we now?’ providing an update on the various government consultations affecting private client practitioners. The consultations included those relating to the reforms to the taxation of non-domiciliaries (non-doms) which came into force on 6 April 2017. In this addendum to the article, I explain in further detail how these non-dom reforms will affect a standard offshore trust structure by looking at two different scenarios before and after 6 April 2017. Since writing the original article, the government has published amendments to the non-dom reforms in Finance Bill 2017, and this addendum incorporates those changes.

Emma Loveday provides a snapshot of the status of consultations affecting the private client practitioner

Looking back, 2016 has been a year of change for many reasons, and the private client world has been no different with a number of new policy announcements on trust, tax and probate issues, which could potentially have wide-reaching consequences for all of our clients. Consultation after consultation has been published, some with responses, some with responses pending. Below is a summary of where we are with the major policy announcements of 2016.

Gemma Vines considers practical issues when contemplating mirror orders on an application for leave to remove

Increasingly, family lawyers are instructed by parents wishing to take their child abroad or, conversely, the other parent who objects to their child being taken abroad for fear of the child not being returned. Most often a dispute arises in families with international connections where a parent wishes to take their child abroad to a country with which they have links, in most cases their home country, to visit relatives. These are difficult and emotive cases. Not surprisingly, following separation and divorce, trust between the parents is often damaged, communication diminished and the potential for cooperation reduced. Consequently, it is not unusual for the left-behind parent to become anxious and suspicious about whether the other parent’s plans to take the child abroad on holiday are in fact plans to abscond abroad permanently without returning.

Richard Adams finds that the welfare of the child remains paramount even in cases involving ‘alternative families’

Few will have missed the recent coverage in the press in which it was claimed that the Court of Appeal in A v B [2012] ‘allowed’ a two-year old boy, born to a lesbian couple and their gay male friend, to have three parents instead of two. It follows several recent high-profile cases in which the courts have grappled with disputes relating to ‘alternative families’. But beyond the headlines, the judgment of Thorpe LJ, Black LJ and Sir John Chadwick reaffirms key principles regarding co-parenting arrangements and raises important issues for the future.

Graeme Fraser and Adam Colenso explain the nature and timing of advice that residential property lawyers should provide to cohabitant buyers in light of Jones v Kernott and the SRA Code of Conduct 2011.

Evolving social trends in England and Wales mean that growing numbers of people cohabit together without marrying or entering into a civil partnership. Where there is no recorded agreement how the beneficial interest is to be held, disputes may well occur where one party wishes to sell the property, but the other party wishes to remain in the family home until the children have grown up, or where one party wants to move out because of the emotional trauma of splitting up but wants to eliminate the risk that their equity in the property will remain indefinitely locked up.

Graeme Fraser examines the complexities of running a claim for financial remedies on divorce where there is a risk of personal and corporate insolvency

In these difficult economic times, many people who divorce find that the stresses and strains of their life are further aggravated by stretched credit and squeezed assets in respect of both their personal and business affairs. With this the spectre of insolvency looms. The risks of insolvency add complexity to the process and outcome of a claim for financial remedies on divorce.