March 2017 #184 – Law Journals

Musings From Manchester: The Budget, Brexit and FATCA/CRS

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Geoffrey Shindler considers what the year ahead holds for private client practitioners ‘My argument is that the trust industry is based on a long-term relationship with people and that it is better to take on board ourselves the one-off cost of preparing and completing the questionnaires, rather than submit a bill to the client.’In the …

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Trustees: It’s a small world

Emily Deane gives the lowdown on FATCA and CRS ‘Under the Intergovernmental Agreement all professionals dealing with trusts whether as a trustee, legal adviser, account holder, bank or trust company will need to identify which trusts are caught by FATCA and which ones need to register.’ This article will endeavour to provide practical guidance as …

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Consultation Round-Up: Where are we now?

Emma Loveday provides a snapshot of the status of consultations affecting the private client practitioner ‘Virtually all IHT planning could be deemed to be “contrived or abnormal” given that it involves planning that one would not ordinarily undertake unless legitimately trying to minimise IHT exposure.’Looking back, 2016 has been a year of change for many …

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Gifts: Holding the purse strings

Iain Managhan analyses new OPG guidance on giving gifts on behalf of someone else ‘Even where the guide talks of applying to the Court of Protection to seek approval for a gift, or the possible penalties having made an unauthorised one, there is no suggestion of speaking to a lawyer to assist and best deal …

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Jurisdiction: A question of construction

Kathryn Purkis examines the meaning of ‘United Kingdom’ in wills and trusts documents ‘Not every case in which the phrase “United Kingdom” is used inappositely will be able to be dealt with by arguments of construction.’In The Royal Society v Robinson [2015], Nugee J had to construe the following provision in a will made in …

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Estate Administration: Put to rest?

Martin Beard and Zoe Fleetwood discuss the issues that can arise on disposal of a body and cryo-preservation ‘In Re JS the judge made clear it was not the role of the court to give directions for the disposal of the body, but rather to resolve disagreement about who might make the arrangements.’ Many will …

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