Beneficial Interests: Defeating creditors: a how (not) to guide

Hardwicke Chambers | Property Law Journal | April 2016 #340
Rupert Higgins considers some cases highlighting the problems with hastily created declarations of trust ‘A guide to defeating creditors is long overdue. So here, too late for Mrs Rahman but for the benefit of readers, is a bluffers’ guide to bluffing.’ As controversial political figures go, it would be hard to find a candidate in …

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Wagstaff & anr v HMRC [2014] UKFTT 43 (TC)

Wills & Trusts Law Reports | April 2014 #138

During 1990 Mr Wagstaff’s mother (Barbara) bought a flat for herself to live in (the flat). On 6 January 1996 she sold the flat to the appellants for £45,000. It was agreed that this was an arm’s length price. The sale was subject to the terms of an agreement of the same date (the agreement). The agreement provided that Barbara was entitled to continue to live at the flat at no cost until her death or remarriage, subject to a payment of £5,000.

Barbara continued to occupy the property until August 2005 when an accident meant she could no longer do so. After some time ...