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Lewis Hastie reviews the case for deputising gifts ‘While P’s wishes and feelings were clearly analysed very closely by the Court of Protection, the critical factor was more his general character and hallmarks as a person.’ A growing number of individuals and solicitors are acting as attorneys or deputies, dealing with the property and finances …
Continue reading "The Court of Protection: What he would have wanted"
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Luke Busbridge outlines a case that provides a reminder of the rules on reservation of benefit ‘The executors argued that because the covenants given in the sub-lease were intrinsically bound up in Lady Hood’s gift in the first place, it was impossible to separate them out in the way that HMRC had done.’ Viscount Hood …
Continue reading "IHT: Hoodwinked?"
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Sukhninder Panesar looks at recent case law on liability for knowing assistance ‘In order for a stranger to be held liable for assisting in a breach of trust, a number of requirements must be met.’ What constitutes dishonesty in the English legal system has continued to challenge both civil and criminal courts. Over the last …
Continue reading "Trusts: Test of dishonesty revisited"
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Will drafters need to be careful of how they frame conditions applying to testamentary gifts. Michael O’Sullivan explains ‘The judge held that ignorance of the condition did not make it impossible or incapable of fulfilment in the sense required in the authorities which Judith and Janet had relied on.’ The case of Naylor v Barlows …
Continue reading "Wills: Timed out?"
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Ian Blaney and Ben Nichols report on an unusual case that contains a warning for charity trustees of the dangers of adverse possession ‘King would support the view that the claimant must factually enter onto the discrete land which they are seeking to adversely possess or clearly take steps to exclude the true owner from …
Continue reading "Charity land: Tomb raider"
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Geoffrey Shindler returns to the question of accountability for regulators ‘Regulators can, and do, challenge us; we ought to read what they put into the public domain and challenge them when we think that they are wrong or unhelpful or out of touch.’ Our lives are dominated by the B word and the R word. …
Continue reading "Musings from Manchester: Back to basics"
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The Office of Tax Simplification (OTS) has published the second part of its report into IHT. Hannah Bates and Russell Kaminski discuss ‘Perhaps if the OTS recommendations are adopted and, if the inheritance tax regime is adequately simplified, the unpopularity of inheritance tax may perhaps be dispelled (at least a little).’ The Office of Tax …
Continue reading "IHT simplification: De-toxing tax?"
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Oliver Auld examines the limitations of ‘anti-Bartlett’ clauses following Zhang Hong Li v DBS Bank ‘The purpose of an “anti-Bartlett” clause is to nullify (to the extent possible) the trustee’s duty to enquire into or interfere in the conduct of any business investment under its ownership or control.’ The decision of the Hong Kong Court …
Continue reading "Professional trustees: Managing risk"
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Nicholas Harries and Charlotte Kynaston explore draft inheritance tax legislation on additions to settlements and transfers between settlements ‘The facts of the Dreelan case were unusual, but the key message was that non-UK property transferred between settlements could retain its excluded property status, even if the settlor was UK domiciled or deemed domiciled at the …
Continue reading "IHT: Track changes"
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Geoffrey Shindler challenges current assumptions about the purpose and application of inheritance tax ‘To my mind there must have been a significant shift in public, social and political thinking to move so far on what is an issue of major principle.’ It is a strange world in which we live and all the stranger to …
Continue reading "Musings from Manchester: Evolution or revolution?"
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