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In his closing article for TELTJ, Geoffrey Shindler looks at the future of the inheritance tax system and bids farewell to his readership If discretionary trusts are to be a part of our legal scenery, in a sensible and rational way, which is entirely what the position is not at present, the Inheritance Tax Act …
Continue reading "Musings from Manchester: A goodbye to our readers"
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A recent High Court decision to impose a custodial sentence on an executor is a warning to lax executors and administrators of estates everywhere. Laura Abbott discusses Totton This case is a stark reminder of the duties of an executor and the significant consequences of a failure to comply with them. An executor’s duties are …
Continue reading "Executors: Do not pass go"
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Natasha Dzameh examines the lessons from the Supreme Court’s judgment in Guest, which looked at the pivotal question of remedies The court cannot give a claimant more than the promised expectation whether by way of the amount or accelerated receipt. Where acceleration occurs, a discount must be built in to reflect the early receipt. The …
Continue reading "Proprietary estoppel remedies: Expectation and acceleration"
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Royal Court of Jersey case Re B & C clarifies the principles for setting aside a disposition of assets into a nominee arrangement on the ground of donor’s mistake. Paul Matthams explains In applying the relevant test, it was still a requirement for the court to be satisfied that the donor or settlor would not …
Continue reading "Offshore: Deed of gift set aside on account of a fundamental mistake"
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Barny Croft and Louise Corfield consider Pegler v McDonald, the case that has something for everyone The court deemed that its findings added up to a ‘comprehensive disqualification for [the defendant’s] being concerned in the fiduciary administration of assets for the benefit of other people’. If you have not read the case of Pegler v …
Continue reading "Will disputes: The recalcitrant executor"
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Lawrence Hiller-Wood and Richard Dew discuss the High Court’s current approach to setting aside mistakes Care should always be taken when dealing with or amending pre-2006 interests in possession to ensure that there are no unintended or costly consequences. The recent High Court decision in Hopes v Burton [2022] is a helpful reminder of the …
Continue reading "Tax: Operative mistakes and unintended consequences"
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The Jersey Royal Court has taken a divergent approach to rectification. Hugh Gunson and Thomas Watts analyse a recent decision The Jersey Royal Court’s conclusion that there is no merit in maintaining the fourth limb of the test for rectification is striking, particularly in view of the comments made by the Jersey Court of Appeal. …
Continue reading "Rectification: Clarifying the nature of the test"
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Dr Diane Le Grand de Belleroche compares the new French withholding rights with the Inheritance (Provision for Family and Dependants) Act 1975 While the new French withholding rights (‘prélèvement compensatoire‘) can, in some situations, benefit ‘each child, or his heirs or successors in title’, the Inheritance Act 1975 provides for more categories of applicants and …
Continue reading "Succession: Cultural approaches to protection in succession law"
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Simon Adamyk and Jessica Powers outline welcome clarification on the application process for obtaining freezing orders In order to establish a real risk of dissipation, the claimants had to do more than merely establish a good arguable case of dishonesty: rather, the court had to be satisfied that the particular dishonesty alleged pointed to the …
Continue reading "Trusts: Worldwide freezing orders"
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Geoffrey Shindler reviews a theatre tax relief case that caused HMRC to ponder the definition of drama and whether a story has to have a beginning, a middle and an end The tribunal was not impressed with HMRC’s approach to theatre tax relief, regarding it as ‘somewhat hard to pin down and seemed a little …
Continue reading "Musings from Manchester: Drama in the courtroom"
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