July/August 2011 #128 – Law Journals

Opinion: Fair tax?

Paul Whitehead muses on the political influences affecting tax policy in the UK ‘What was done to the inheritance tax regime, by effectively introducing a 20% up-front inheritance tax charge on the settlement of virtually all new trusts, has almost curtailed the use of trusts for UK domiciliaries other than in exceptional cases.’There is a …

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Trustees: Unanticipated outcomes

Antoaneta Proctor outlines the facts and ramifications of Pitt & anor v Holt & anor ‘In Pitt & anor v Holt & anor Lloyd LJ reached a conclusion that what has become known as the rule in Hastings-Bass is actually not a correct statement of the law.’ Can a receiver of a patient whose offices …

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Declarations Of Trust: Taking someone at their word

Mark Pawlowski asks whether a spouse or unmarried partner can acquire a beneficial share in property by relying on the owner’s informal declaration of trust ‘Although an isolated loose conversation will not be enough to uphold a valid declaration of trust (see Jones v Lock [1865]), the repetition of words by the owner, especially in …

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Wills: An extension of words

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Nadia Cowdrey sets out the lessons to be learned from Beard v Shadler, in which the intention behind the whole will was analysed to avoid a partial intestacy ‘ Beard provides a good illustration of the need to consider the will, read as a whole, when matters of construction arise and that the outcome of …

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UK/US Estate Planning: A window of opportunity

Marilyn McKeever, Jeffrey Gould and Suzanne Willis analyse the interaction between UK and US tax, and how to plan best for clients ‘US citizen and resident alien transferors are allowed a lifetime exemption from tax on gifts (over and above the annual exempt amounts) aggregating $5m.’The British and the Americans are two nations divided, not …

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Probate: Practice makes perfect

In the light of the Law Society’s recent practice note, Kirstie McGuigan considers what you should tell your client before being appointed as an executor ‘The 17 March 2011 practice note is not legally binding, but it provides a platform, and those solicitors who choose to ignore the guidance do so at their peril and …

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Book Review: A concise and high-level read

Alon Kaplan reviews International Trust Laws by Paolo Panico International Trust Laws is a brave attempt to put a concise description of the subject matter into one volume of 609 pages. The contents are dealt with under English law and the laws of offshore jurisdictions such as Jersey, Guernsey, the Cayman Islands, the Bahamas, the …

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The Court Of Protection: Public v private

Ruth Moore examines the Neary case, which concerned applications from the media for the hearing to be in the public domain ‘In Neary the judge took into account the facts that decisions must be made on a case-by-case basis and that the welfare of the patient is of paramount importance. If publicity is likely to …

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