May 2014 #156 – Law Journals

Musings From Manchester: Original thinking required

Geoffrey Shindler gives his view on the proposed raising of inheritance tax to a £1m threshold ‘Not increasing the nil-rate-band threshold coupled with the rise in house prices means that more and more estates must, inevitably, be dragged into the IHT net.’ David Cameron’s recent utterances about inheritance tax reminded me of that well known …

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Divorce: Stuck in the middle

Claire Blakemore provides a practical guide for trustees in the event of divorce ‘Trustees must consider carefully what position they will need to take in the context of the case and in particular on disclosure and enforcement.’ The American preacher Lorenzo Dow famously said ‘damned if you do and damned if you don’t’ and this …

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Wills: The perils of assisting with a will

Edward Hicks considers the implications of Re Devillebichot; Brennan v Prior [2013] for dealing with litigants-in-person ‘The general rule is that costs will follow the event. An executor is not bound to propound or defend a will; therefore to do so potentially exposes an executor to a costs risk if they fail.’ When Anthony (a …

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Jurisdiction: A startling proposition?

Robert Dobbyn examines exclusive jurisdiction clauses in the light of Crociani v Crociani [2013] ‘Ultimately the question was whether the case should be tried “more suitably for the interests of all the parties and for the ends of justice” in Jersey rather than Mauritius.’ In this case the Royal Court of Jersey considered the effect …

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Trusts: In the commercial sphere

Jason Nickless describes how trusts were applied to resolve the dispute in Wise v Jimenez [2013] ‘Mr Jimenez gave a number of different accounts as to precisely how [the] moneys had been invested. After analysing the evidence, the court was satisfied that the purpose behind the investment of the moneys had not been fulfilled’. On …

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Tax: Take a reality check

Tim Adams and Nicole Booth explain recent tax cases and the consequences for the taxpayer ‘Given the current climate and HMRC’s determination to clamp down on marketed tax avoidance schemes, taxpayers looking to use a tax avoidance scheme will need to exercise extreme caution.’ The decision in Litman & Newall v HMRC [2013] represents another …

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Charities: Power to voice?

In his concluding article David Schmitz discusses the legal position for charitable trustees faced with a gagging clause ‘If a charity was to bind itself thus, its trustees would necessarily and improperly be fettering the powers which they possess for the advancement of the purposes of the charity, and would be committing the charity to …

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