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Anna Moore discusses the pros and cons of the recent HMRC consultation paper on the simplification of tax for trusts ‘It is clear that trusts where the settlor has relatively straightforward arrangements are more likely to benefit from the changes and that the calculation in relation to older trusts or more complicated arrangements is more …
Continue reading "Trusts: ‘Relaxing’ the HMRC way"
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Oliver Hilton sets out the lessons from recent case HR Trustees v Wembley Plc ‘The problem for Wembley was clearly that not all of the trustees had signed the Scheme Amendment Authority, and so it was not under their hands as required by the second sentence of clause 16.’ It is not uncommon for draftsman …
Continue reading "Equity: Curing defects in the exercise of trust powers"
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Siân Hodgson finds Pinnock v Rochester settles the question of whether a 1975 claim excludes a further claim challenging the validity of the will ‘In principle, if a claim has already been pursued by a claimant under the 1975 Act and has been successful, that claimant is not necessarily precluded from bringing subsequent proceedings to …
Continue reading "Wills: Reserving the right"
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Geoffrey Shindler questions the rationale of the Gift Aid scheme ‘It is about time that we stood back and decided whether we wanted to give for giving’s sake or give because we get tax relief.’The Good Book tells us, ‘Now abideth faith hope and charity, these three; but the greatest of these is charity’ (Corinthians, …
Continue reading "Musings From Manchester: Why must tax and charity be interwoven?"
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The attempted sale of Shakespeare’s folios highlights the difficulties of securing a benefactor’s wishes down the years. Edward Rowntree considers the options ‘In the context of small-scale bequests and items that do not have significant value, it is hard to see obvious practical ways in which to ensure that the intentions of the benefactor are …
Continue reading "Bequests: More honoured in the breach?"
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Ailsa Moorhouse provides a succinct summary for practitioners ‘The new Bill makes a number of changes, set out in its Schedule 2, to the 1975 Act, many of which potentially increase the number of claimants as they extend the circumstances in which claims can be made.’ The first reading in the House of Lords of …
Continue reading "Inheritance And Trustees: Good news for spouses"
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Sam Macdonald and Elizabeth Jones examine the updated Charity Commission guidance on public benefit ‘It is clear that the government sees attempting to draw up a statutory definition of public benefit as being no easy solution, given the range of charitable purposes that exist.’ New public benefit guidance was published by the Charity Commission in …
Continue reading "Charity Law: Concise and clear"
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Williams v Wilmot indicates key factors the court will take into account when considering lack of capacity. Sharon Kenchington explains ‘A token medical report from a doctor who has only met the deceased in order to produce a report on their capacity is unlikely to be persuasive if there is detailed evidence to the contrary …
Continue reading "Capacity: Quality of evidence"
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Fox v Jewell gives an indication of the appropriate procedure practitioners should follow when dealing with a multi-stranded claim. Malcolm Warner reports ‘In cases where there are proprietary estoppel claims mixed in with testamentary capacity and some long running history, then the overall context may inform the court’s view on any particular way the claim …
Continue reading "Wills: Familiar farming saga"
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Jennifer Seaman sets out the lessons to be learned from Re Hampel Discretionary Trust ‘It is important to get clear evidence as to the intentions of the parties to the trust deed or settlement up to the date of the deed or settlement and at the time the deed or settlement was executed.’ The remedy …
Continue reading "Rectification: A case of doubt"
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