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Geoffrey Shindler considers how the court dealt with will and trust disputes in 1914 ‘Despite the fact that people have been dying ever since they were born and that trust law in this country is probably 700 years old, we were (and still are) finding problems that the law has not previously resolved.’We are going …
Continue reading "Musings From Manchester: Plus ça change"
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Anna Moore sets out the next stage in the simplification of trust tax charges ‘HMRC have confirmed that they are “committed to ensuring fairness in the tax system and reducing undue burdens on trustees and their advisers”.’ In December 2013, HM Revenue & Customs (HMRC) published a summary of the responses received to their second …
Continue reading "IHT: Managing your exit"
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Alison Regan analyses the implications of the Supreme Court decision in Marley v Rawlings ‘Lord Neuberger stated that Mr Rawlings had signed a document which he believed to be his will in the presence of two witnesses and that he had to be the testator as he had signed the will.’ On 22 January 2014 …
Continue reading "Rectification: Common sense or a slippery slope?"
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Siân Hodgson discusses the tactics employed in Tociapski v Tociapski ‘Tociapski v Tociapski may act as a warning to potential defendants who may be considering whether or not to actively take part in proceedings.’ Following a person’s death, there may be a dispute about whether that person’s last will is valid. Relatives or close friends …
Continue reading "Wills: Challenging the validity of a will"
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Nigel Thomas examines unconscionable bargains and presumed undue influence, with reference to Evans v Lloyd ‘This was a case of presumed undue influence and that being so then the claimants were required to prove (i) a relationship of trust and confidence and (ii) a transaction that calls for explanation.’ Some might be surprised that cases …
Continue reading "Undue Influence: After Etridge"
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Ian Partridge looks at Ham v Ham, which considers the valuation of a share in a farming partnership when one partner exits ‘There is no room for a presumption (at least in the context of a family partnership) that the partners do or do not intend that a retiring or deceased partner should receive full …
Continue reading "Partnerships: Market value?"
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Geoffrey Shindler resolves to make the private client world a better place to practise ‘What I pay is an exorbitant amount of tax; what another pays is an outrageously small amount of tax considering their income and wealth. Is all fair in tax and legislation?’ I understand that it is traditional at this time of …
Continue reading "Musings From Manchester: New year, new rules?"
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Sukhninder Panesar considers whether s57 of the Trustee Act 1925 extends beyond variation of the management functions of a trust ‘The courts can use s57 of the Trustee Act 1925 to apportion trust funds or otherwise bring forward the timing of the distribution of trust funds provided that it is expedient to do so and …
Continue reading "Section 57 Trustee Act 1925: The extent of expediency"
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Robert Keylock assesses the implications of Mountstar (PTC) v Charity Commission for charity professionals ‘The Commission considered that the tax effectiveness of the scheme was a question for HMRC alone. It also concluded that the scheme did not provide any direct or indirect benefit for the directors.’ The Cup Trust caused a furore after the …
Continue reading "Charities: A question of confidence"
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Stuart Adams gives his view on the proposals to reform the rules in light of the recent consultation ‘Those who campaign against the use of gobbledygook, jargon and the like will applaud the efforts made to simplify the terms contained in the NCPRs and to, where possible, prepare a set of Draft Rules in plain …
Continue reading "Non-Contentious Probate Rules 1987: A plain English update"
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