Musings from Manchester: Time and tide wait for no man – including HMRC

Geoffrey Shindler urges HMRC to play fair and respond to taxpayers promptly If the taxpayer is required to pay interest and penalties on overdue tax there ought to be an equivalent penalty on HMRC for its delays in dealing with matters. Mighty oaks come from small acorns. Mighty changes in society equally come from inauspicious …
This post is only available to members.

Insolvency and trusts: Timing is everything

Donald Lilly explores the timing of proprietary interests when there is an insolvency Where a disposition of a mere expectancy or other future property is involved in a document, the question of when the right in that expectancy or property arises should be considered as part of the drafting process. The recent decision in Patel …
This post is only available to members.

Trust validity: Oh what a tangled Webb we weave

Tom McPhail reports on the Privy Council decision in Cook Islands case Webb which scrutinises the trust structure and the true reach of the settlor If the powers retained by a settlor are so extensive and of such a nature that they amount to an uncontrolled power to recover the trust property, then the settlor’s …
This post is only available to members.

Trusts: Lost in translation

Ross Pizzuti-Davidson looks at interpreting foreign law concepts in English law trusts The court’s judgment in PTNZ in relation to the protector’s role may be a welcome clarification given the surprising lack of authority on the point of whether a protector’s consent rights are joint or review powers. International estate planners can find themselves playing …
This post is only available to members.

Beneficial ownership: Opening the door

Establishing a common intention constructive trust when property ownership is in one occupant’s name and not the other can be tricky. Melody Munro gives an update Once a common intention is established, the court is adopting a fairly expansive view as to how a claimant may act to their detriment. Although claimants, defendants and common …
This post is only available to members.

Trustees: When to remove

John Brennan discusses the implications of the fiduciary conflict rule on trustees The existence of friction or hostility between the trustees is not always sufficient to justify the removal of a trustee but is often relevant, especially if it arises from the way in which the trust has been administered. In Manton v Manton [2021], …
This post is only available to members.

Charitable gifts: Needing a steer

A failure to correctly identify beneficiaries of charitable gifts in a will can result in the failure of that gift. Laura Abbott examines the factors that will be considered The original will file had been destroyed and so there was no evidence of the deceased’s precise instructions. The judge was therefore prepared to look at …
This post is only available to members.

The 1975 Act: An inelegant scrap

Laura Abbott describes a case for interim provision under the 1975 Act which has lessons for practitioners on costs Section 5 applications are not that commonly made. However, they may become more prevalent now given that interim payments on account of legal fees could avoid potential liability for uplift. Weisz v Weisz [2019], a claim …
This post is only available to members.