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Sarah Haren explores the lessons from Graham-York v York [2015] on the quantification of beneficial interests in the family home ‘The court’s task is to work out what shares would be fair having regard to the whole course of dealing between them in relation to the property.’The Court of Appeal’s decision in Graham-York v York …
Continue reading "Beneficial Interests: When equity is not equality"
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Simrun Seehra analyses the impact of The Human Dignity Trust v The Charity Commission for England and Wales [2013] ‘The litigation supported and conducted by the trust was not an attempt to change the law, but rather it was directed at ensuring the interpretation and enforcement of superior constitutional rights.’ The Charity Commission’s decision to …
Continue reading "Charities: What is a charity?"
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Divorce case Arif v Anwar and Rehan [2015] raises interesting points on beneficial ownership and also costs, as Penelope Reed QC and Nicholas Fairbank report ‘There are no winners when the overall assets are reduced so significantly by the legal costs that adequate provision for the parties is circumscribed.’ In Sofia Arif v Arif Anwar, …
Continue reading "Trusts And Divorce: Family divided"
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Jo Summers reviews the new edition of Parker’s Will Precedents The introduction to Parker’s Will Precedents opens with the sentence: The drafting of a will is one of the most underrated services offered by legal professionals. It is a much-loved publication now in its 8th edition and with new authors. The book’s preface clearly sets …
Continue reading "Book Review: A thoroughly modern read"
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Robert Gardner looks at how Jersey trustees should avoid a breach of duty when faced with the risk of tax liabilities, with reference to the Onorati Settlement ‘Trustees should, as a minimum, ensure tax advice is received (and reviewed by the trustee) when transactions with possible tax exposures are entered.’ Jersey trustees have received little …
Continue reading "Jersey: Reducing exposure"
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Walker v Badmin has clarified the correct test for testamentary capacity. Araba Taylor explains ‘The clarity offered by the Walker judgment is very welcome, given the conflict between earlier first instance decisions and what the judge described as the “rather ambivalent view” in the textbooks.’ It is now settled: the test for testamentary capacity in …
Continue reading "Testamentary Capacity: Banking on Banks v Goodfellow"
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Paul Ridout outlines the key points of the draft Protection of Charities Bill ‘The committee is expected to report during March and the draft legislation may undergo significant changes before being enacted (probably after the general election).’Announced in the Queen’s Speech in June 2014, this proposed new legislation is intended to beef up the Charity …
Continue reading "Charities: Power and faith"
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Stephen Boyd analyses Watts v Watts, a case that demonstrates the importance of having independent trustees ‘The judge found that “it was inherently improbable, in the extreme, that Arthur would have wanted to give his money away; he had substantial commitments and, at the time, no gainful employment.”’As Gutman said to the Generalissimo in Tennessee …
Continue reading "Trusts: Too close for comfort"
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Peter Nellist queries the method by which HMRC conduct property valuations for inheritance tax purposes ‘IHT is a tax that many who will be paying it regard as unjust as it taxes accrued wealth that has already suffered income and capital gains tax… It is an added injustice to restrict reliefs without fully publicising why …
Continue reading "IHT: A fair share?"
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James Hardaker and Daniel Baker look at a case which demonstrates the difficulties trustees face when dealing with tax on royalties ‘Where trustees receive income which is to be accumulated or which is payable at the discretion of the trustees or any person, that income is taxable at the special trust rate or at the …
Continue reading "Tax: Practically perfect in every way?"
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