March 2015 #164 – Law Journals

Musings From Manchester: Don’t panic

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Geoffrey Shindler contemplates the current state of trust law ‘Perhaps this is a year when the increasing absolutist view of the state and its alter ego HM Revenue & Customs needs to be curtailed.’ In life, expect the unexpected. That is a trite piece of philosophy, but it is surprising how often it is true. …

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IHT: NAO problem

Catherine Ball examines the argument for reform of inheritance tax relief after two revealing reports ‘The NAO’s report, published in April, shows that the value of these two reliefs has grown faster than the amount of IHT collected. APR and BPR were two out of the four tax reliefs that had increased by more than …

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Capacity: The last round?

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Martyn Frost sums up the current position on MCA 2005 v Banks v Goodfellow ‘The test from Banks v Goodfellow is, after all, a common law test and as such capable of modification and development by judges as is appropriate to modern circumstances and modern needs.’ It is perhaps a sad reflection that almost ten …

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Trusts: The importance of judicial discretion

The Guernsey Court of Appeal affirms the scope of the jurisdiction conferred by Article 51 of the Trusts (Guernsey) Law 2007. Hannah Southon and Alison Meek explain ‘While some of the considerations discussed in BCD may be relevant, a more flexible test is required in order for the court to achieve justice on behalf of …

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Charities: It is sage to engage

Sarah Clune sets out the lessons from the Amy Marion Dwyer Will Trust ‘While the trustees did take the necessary steps to register the will trust as a charity once the inquiry was opened, the trustees failed to carry out their duties and responsibilities in relation to dealing with the PDSA claims.’ In July, the …

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Tax Relief: Consider jurisdiction

Simrun Seehra looks at IHT exemptions on gifts to charity, with reference to Routier ‘It is clear that the relief to an EU charity should not be refused provided the relevant conditions are met and the taxpayer is able to provide sufficient evidence.’ Lawyers in the wills and estate planning field commonly advise their clients …

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Book Review: The real deal

Keith Dudley summarises the private client aspects of Sham Transactions The excellent introduction by the editors sets the scene and the following chapters 2-5 contain some fascinating and historical information and background. Some years ago Willoughby’s Misplaced Trust (second ed) by James Wadham was published by Gostick Hall Publications. As the title suggests, this book, …

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Remedies: Hitting the target

Andrea Lynch considers AIB Group (UK) v Mark Redler & Co Solicitors, which has lessons on equitable compensation for breach of trust ‘As the Supreme Court noted, an awful lot has been written on the question of whether (and how) common law principles and remedies (especially in a commercial context) interact with equitable doctrines and …

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