December 2011 #132 – Law Journals

Canada: Residence is futile ?

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 …

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Guest Editorial: ‘There is nothing like…’ a trust ?

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.’ …

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Trusts: Heirs and Graces?

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 …

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Tax: Chattel be the day ?

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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 …

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Death And Insolvency: Unhappy bedfellows?

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 …

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Trusts And Divorce: Access all areas?

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 …

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Probate: Family politics?

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 …

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Property Income: For richer, for poorer?

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 …

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