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Hannah Southon highlights a case that provides new guidance on the status of protectors in English law ‘The onus is on the draftsman to ensure that protectors’ powers, duties and the constitution that governs them are thoughtfully crafted, although of course no such draftsman can widen the court’s jurisdiction in this respect.’There have been very …
Continue reading "Protectors: An awkward position"
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Luke Busbridge examines the outcome of The Trustees of the David Zetland Settlement [2013], in which it was argued that a property business was eligible for 100% business property relief ‘Where a property business is being considered, the assumption is that it will not qualify for business property relief – unless the landlord can show …
Continue reading "Business Property Relief: Going for gold"
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Lydia Pilati considers the lessons to be learned from Brennan v Prior [2015] on contesting the validity of a will ‘Brennan highlights that although the burden of proof is upon the party seeking to propound the will, it is not simply enough to propound a will on due execution and capacity when the suspicion of …
Continue reading "Wills: A textbook claim"
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Jo Summers reviews A Modern Approach to Lifetime Tax Planning for Private Clients A Modern Approach to Lifetime Tax Planning for Private Clients (with Precedents) 2nd ed, published January 2016 by Jordan Publishing Authors/editors: Christopher Whitehouse and Lesley King £85.00 ISBN: 978 1 78473 104 5 There’s a certain brand of beer that prides itself …
Continue reading "Book Review: Quality and quantity"
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Jonathan Shankland and Tulin Hamit investigate changes to the intestacy rules created by the Inheritance and Trustees’ Powers Act 2014 ‘The effect of the changes will be most welcomed by surviving spouses who may otherwise have found themselves encumbered with an inadequate, cumbersome and expensive-to-manage life interest, or sharing their spouse’s estate with extended relatives!’ …
Continue reading "Intestacy: A welcome update"
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Matthew Howson examines the lessons from Winkler v Shamoon [2016] ‘The presence of an Israeli estate, Israeli personae and all the other claims in Israel meant that Israel was clearly the most natural and convenient forum for the claim.’ Sami Shamoon (Mr Shamoon) had a remarkable life. Born in the 1930s to an Iraqi Jewish …
Continue reading "Jurisdiction: Out of place"
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In Ong v Ping the court considered a trust where the property held had not been identified. Oliver Hilton explains ‘Where the parties’ intention can be clearly and sufficiently ascertained from the available material and circumstances, the court will not be hamstrung by mere formalities, and will rarely hesitate in finding a way to give …
Continue reading "Trusts: Breaking the blank"
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Geoffrey Shindler puts his mind to the neglected question of how Brexit would affect the trusts and estates world ‘We may have to accept that what might benefit a testator in the UK and will currently benefit some person in the EU may not be the case if we are no longer in the EU. …
Continue reading "Musings From Manchester: Follow the exit signs?"
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Alexander Learmonth gives the lowdown on the probate fees consultation ‘This naivety in the proposal’s formulation leads one to think that enforcement of the new fees would be problematic for Probate Registry officers, who have neither the training nor the investigative resources to act as tax inspectors.’ What fantastic value for money we get from …
Continue reading "Probate: Fee reign"
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Russell Clark and Paula Fry discuss the Royal Court of Guernsey’s guidance on the applicable test for the removal of a protector in Re the K Trust ‘The court was satisfied that, on the facts, there was more than personal hostility between the protector and the widow and that the breakdown in relations was having …
Continue reading "Protectors: Trust issues"
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