January/February 2014 #153 – Law Journals

Equity: Curing defects in the exercise of trust powers

Oliver Hilton sets out the lessons from recent case HR Trustees v Wembley Plc ‘The problem for Wembley was clearly that not all of the trustees had signed the Scheme Amendment Authority, and so it was not under their hands as required by the second sentence of clause 16.’ It is not uncommon for draftsman …

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Wills: Reserving the right

Siân Hodgson finds Pinnock v Rochester settles the question of whether a 1975 claim excludes a further claim challenging the validity of the will ‘In principle, if a claim has already been pursued by a claimant under the 1975 Act and has been successful, that claimant is not necessarily precluded from bringing subsequent proceedings to …

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Musings From Manchester: New year, new rules?

Geoffrey Shindler resolves to make the private client world a better place to practise ‘What I pay is an exorbitant amount of tax; what another pays is an outrageously small amount of tax considering their income and wealth. Is all fair in tax and legislation?’ I understand that it is traditional at this time of …

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Section 57 Trustee Act 1925: The extent of expediency

Sukhninder Panesar considers whether s57 of the Trustee Act 1925 extends beyond variation of the management functions of a trust ‘The courts can use s57 of the Trustee Act 1925 to apportion trust funds or otherwise bring forward the timing of the distribution of trust funds provided that it is expedient to do so and …

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Charities: A question of confidence

Robert Keylock assesses the implications of Mountstar (PTC) v Charity Commission for charity professionals ‘The Commission considered that the tax effectiveness of the scheme was a question for HMRC alone. It also concluded that the scheme did not provide any direct or indirect benefit for the directors.’ The Cup Trust caused a furore after the …

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Non-Contentious Probate Rules 1987: A plain English update

Stuart Adams gives his view on the proposals to reform the rules in light of the recent consultation ‘Those who campaign against the use of gobbledygook, jargon and the like will applaud the efforts made to simplify the terms contained in the NCPRs and to, where possible, prepare a set of Draft Rules in plain …

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Trusts: ‘Relaxing’ the HMRC way

Anna Moore discusses the pros and cons of the recent HMRC consultation paper on the simplification of tax for trusts ‘It is clear that trusts where the settlor has relatively straightforward arrangements are more likely to benefit from the changes and that the calculation in relation to older trusts or more complicated arrangements is more …

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