Wills & Trusts Law Reports | September 2016 #162The deceased (J) died on 2 June 2012, a widow with no children or close relatives. On 8 November 2011 J executed a will (the will) drafted by a solicitor (W). She made a number of pecuniary legacies including legacies of £54,000 each in favour of the claimants.
An employee of the defendant, (S), had been J’s financial advisor since 2000. In 2011, prior to executing the will and acting on S’ advice, J formed two trusts in the claimants’ favour to mitigate inheritance tax payable on her death. One was a discretionary trust naming the claimants sole discretionary b...
Vinton v Fladgate Fielder gives some indication of the current approach of the courts towards negligent IHT planning, explains Michael O’Sullivan ‘The judge in Vinton v Fladgate Fielder [2010] considered that the claim for breach of contract brought by the claimants in their capacity as executors did have a real prospect of success, citing the …
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