April 2017 #185 – Law Journals

Musings From Manchester: Watch the small print

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Despite the lack of news for private client practitioners in the Budget, Geoffrey Shindler advises caution ‘I cannot find anything in the small print of the Budget pages that suggests that there is going to be yet another tax on death, being a debt that we all incur by using the services that our taxes …

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IHT: The importance of motive and intent

David Rees QC, Eliza Eagling, Bryony Cove and Adam Carvalho discuss a key pensions case which resulted in a taxpayer victory ‘The FTT held that Mrs Staveley’s sole motive in making the transfer was to prevent her ex-husband benefiting on her death by severing all Morayford ties.’The case of HMRC v Parry [2017] related to …

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Accounting Rights: Classified information

Can beneficiaries demand the disclosure of trust accounts? Mathew Roper explains ‘It now appears to be settled in English law that the court should approach a request by a beneficiary for disclosure of trust documents as one calling for the exercise of a discretion rather than an adjudication upon a proprietary right.’ The right of …

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Charities: Be prepared

Sarah Clune summarises new fundraising laws and the Charity Commission’s enhanced powers under the Charities (Protection and Social Investment) Act 2016 ‘The Commission will apply the principles in its decision review procedure, to ensure that representations are considered in an objective and timely manner but the power is not appealable to the First Tier Tribunal …

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Trustees: When to indemnify

Natasha Dzameh clarifies the circumstances in which Beddoe orders and protective cost orders can be used ‘The master explained that the risk of injustice could be removed by ensuring the costs risk of the third party claim fell onto the two capital beneficiaries for whose benefit the litigation continued.’The role of a trustee can be …

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Wills: The law of unintended consequences

Using standard wording for survivorship clauses in mirror wills can lead to errors. Tim Adams and Scott Taylor examine the High Court’s current approach to will-drafting mistakes ‘The ordinary and natural meaning of the survivorship clause is that anyone who is named in the will must survive the testator by 28 days in order to …

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Book Review: The case for arbitration?

Jo Summers reviews Arbitration of Trust Disputes: Issues in National and International Law Oxford University Press has produced a new book as part of its international arbitration series. Arbitration of Trust Disputes: Issues in National and International Law is a series of articles (or monographs as the editor calls them). The various authors explore the …

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