This category can only be viewed by members.
Morley-Clarke v Brooks & ors elucidates the court’s approach to the capitalisation of a life interest under an intestacy after the time limit has expired, as Fenner Moeran outlines ‘ Morley-Clarke v Brooks & ors [2011] covers the question of the position of a spouse where the marriage was voidable for reasons of capacity or …
Continue reading "Probate: From Russia with love"
This post is only available to members.
Gill Steel examines pension by-pass trusts ‘The principle of the by-pass trust is simple. When a pension scheme member dies the lump-sum death benefit can be paid to the member’s spouse/civil partner by the scheme trustees free of inheritance tax (IHT).’Many clients have pension arrangements that provide death benefits. These clients may be thinking of …
Continue reading "Pensions: Pass it on"
This post is only available to members.
Paul Whitehead compares current attitudes towards trusts around the world ‘The trust has always had significant flexibility enabling it to be tailored to different client requirements and providing the possibility of higher degrees of control by a settlor or protector, as long as it’s consistent with the trust concept overall and adhered to in practice.’ …
Continue reading "Guest Editorial: ‘There is nothing like…’ a trust ?"
This post is only available to members.
Green v Montagu shows that the question of legitimacy may still arise in cases of long-standing family trusts, as Thomas Dumont and William Moffatt delineate ‘The decision in Green rests upon a principle that lies at the heart of the conflict of laws: if a person holds a particular status under the law of their …
Continue reading "Trusts: Heirs and Graces?"
This post is only available to members.
Peter Nellist gives the lowdown on the most tax-efficient ways of dealing with chattels ‘Household goods and personal chattels have a precise and wide legal definition, which will cover almost everything found in any home.’ The Antiques Trade Gazette usually has a good array of reports on items that have sold for significantly more than …
Continue reading "Tax: Chattel be the day ?"
This post is only available to members.
Williams v Lawrence exposes the effect of insolvency on a disposal of the deceased’s property made years before the estate was made bankrupt, as Lexa Hilliard QC discusses ‘Contrary to popular assumption, the law has not moved on to such an extent that the spending of money by a person on property they do not …
Continue reading "Death And Insolvency: Unhappy bedfellows?"
This post is only available to members.
Whaley v Whaley poses the question of when a trust fund is a ‘resource’ in divorce proceedings, as Emily Exton explains The divorce case of Whaley v Whaley [2011] is a stark example of the application of well-established principles in the family courts concerning the treatment of a trust fund as a resource to which …
Continue reading "Trusts And Divorce: Access all areas?"
This post is only available to members.
Morris v Davies is a reminder of the rules governing probate, domicile and anti-suit injunctions, as Edward Rowntree sets out ‘Any injunction prohibiting a claimant from bringing an action before a foreign court is regarded as constituting an unacceptable interference with the jurisdiction of the foreign court and, as such, is incompatible with the system …
Continue reading "Probate: Family politics?"
This post is only available to members.
Ian Burman discusses new HMRC guidance on the ownership of joint assets ‘Income received by a spouse or civil partner deriving from property held jointly by them is apportioned equally between them for income tax purposes.’ While it is extremely unlikely that the happy couple will have HMRC in mind when they pledge a life …
Continue reading "Property Income: For richer, for poorer?"
This post is only available to members.
Lucy Whitehouse looks at a Canadian residence case that highlights the danger of the persuasive beneficiary ? ‘The indicative factors of an individual’s residence such as nationality, physical location and social connection need to be adjusted when applied to a trust to take into account the numerous parties involved.’ In Canada, as in England, the …
Continue reading "Canada: Residence is futile ?"
This post is only available to members.
