Banks v HMRC [2020] WTLR 19

Wills & Trusts Law Reports | Spring 2020 #178

The appellant taxpayer, Arron Banks, appealed against a notice of determination issued by HMRC. This notice assessed Mr Banks as owing inheritance tax of £162,945.34 on donations of £976,781.38 that he and companies that he controlled made to the UK Independence Party (UKIP) between October 2014 and March 2015 (the donations).

It was common ground that no UKIP MPs were elected at the 2010 UK General Election. UKIP did not therefore meet the statutory definition under s24(2) IHTA 1984 and so the Donations were not treated as exempt from VAT. The appellant argued that this ...

Gregg & anr v Pigott & ors [2012] EWHC 732 (Ch)

Wills & Trusts Law Reports | July/August 2012 #121

The court was asked to construe the phrase ‘statutory next of kin’ in a settlement that was executed in 1948. It was common ground that, under the classic rules of construction, that phrase would have excluded adopted children because the intestacy rules in 1948 did not benefit adopted children. However, the adopted children argued that they were entitled to capital and income under the trust in preference to their distant cousins who would have benefited under the intestacy rules as enacted in 1948. The adopted children argued that to prevent them benefiting would be a breac...