Continue reading "Cohabitants: Life after Prest"
Guarantees: Satisfaction guaranteed?
Continue reading "Guarantees: Satisfaction guaranteed?"
Divorce And Trusts: Trusting Prest
Continue reading "Divorce And Trusts: Trusting Prest"
Enforcement: Civil commitment
Continue reading "Enforcement: Civil commitment"
Financial Provision: Open and shut case?
Continue reading "Financial Provision: Open and shut case?"
DR v GR & ors [2013] EWHC 1196 (Fam)
Wills & Trusts Law Reports | July/August 2013 #131A post-nuptial settlement (being a Jersey discretionary trust) was created by a husband and wife in 1986. The trust owns a Liberian company, which in turn owns a UK company that owns two UK companies. The main company assets are two UK retirement villages. The beneficiaries included the husband and wife and two minor children.
During divorce proceedings the wife applied for a variation of the settlement.
Over the course of proceedings the trustees of the Jersey trust and the companies were all joined as parties. In both cases no application was made for joinder and no not...
The Trustees of David Zetland Settlement v HMRCC [2013] UKFTT 284
Wills & Trusts Law Reports | July/August 2013 #131The appellant trustees appealed from a notice of determination dated 16 February 2010 whereby HMRC refused inheritance tax business property relief on the basis that immediately before the ten-year anniversary on 22 September 2007, none of the property comprised in the settlement was relevant business property for the purposes of s104 of the Inheritance Tax Act 1984 (IHTA). HMRC contended that the business was excluded under s105(3) IHTA in that it consisted ‘mainly of… making or holding investments’.
The principal asset of the settleme...