January/February 2019 #203 – Law Journals

Musings from Manchester: Le modèle français

O T

Geoffrey Shindler urges trust practitioners to be less retiring ‘We have got to stop paranoid regulatory officials from preventing the sensible running of our business.’ Welcome to 2019, the year of… well who knows but in cricketing terms The Ashes in England and the World Cup, none of which involves any country lying south of …

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IHT: Bringing tax into the digital age

The Office of Tax Simplification has published the first part of its report into IHT. Sarah Murphy discusses ‘These observations drawn from the OTS review certainly seek to move the system into a position whereby it is future proofing its relevant application.’ In January 2018 the Chancellor asked the Office of Tax Simplification (OTS) to …

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Beneficial ownership: Honesty is the best policy

Peter Shaw QC explores the principles of ascertainment of beneficial ownership in a property purchase tainted with illegality ‘Having found that Mr and Mrs Kliers were the true beneficial owners, it would perpetuate the fraud to leave the property in Mr Schmerler’s ownership (without making a declaration of beneficial ownership). The illegal activities were required …

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European Succession Regulation: And then there were three

Alessia Paoletto outlines the implications of the latest ECJ judgment ‘The ECJ’s judgment in Oberle follows on the footsteps set by Mahnkopf. However, it is set to have much further reaching effects than its predecessor, in that it does not deal exclusively with a question concerning an individual provision of national law, but rather, with …

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Lasting powers of attorney: Pay close attention

David Rees QC and Joseph Rich examine a case that highlights common problems with lasting powers of attorney ‘If the court determines that an LPA contains a provision which would be ineffective, it must either sever the provision or direct the Public Guardian not to register the instrument.’ The Public Guardian v DA; BP [2018] …

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Taxation of offshore trusts: Gremlins in the legislative machine

Dominic Lawrance and Catrin Harrison highlight the unsettling reality of protected settlements ‘In light of this latest statement from HMRC, the issue of offshore income gains (OIGs) may now lead to litigation, if there is a foreign-domiciled settlor with sufficient tax exposure and sufficient temerity.’ Recent Finance Acts have made major changes to the UK’s …

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Book review: A useful account

Julie Bell reviews the latest edition of STEP’s Accounting Guidelines STEP Accounting Guidelines Jonathan Cooke Published by STEP and CLT International, 3rd ed (30 July 2018) ISBN-10: 0955026288 ISBN-13: 978-0955026287 The aim of the STEP Accounting Guidelines is to establish common standards in England and Wales for the preparation of both estate accounts and trust …

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Tax planning: It’s good to give

Timothy Sherwin considers tax-efficient planning for attorneys under lasting powers of attorney ‘The starting point for assessing the reasonableness of any gift is that attorneys are in a fiduciary position in respect of P, and so must act in a manner appropriate to a fiduciary, including by avoiding self-dealing and conflicts of interest.’ Attorneys under …

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