May 2016 #176 – Law Journals

Protectors: Trust issues

Russell Clark and Paula Fry discuss the Royal Court of Guernsey’s guidance on the applicable test for the removal of a protector in Re the K Trust ‘The court was satisfied that, on the facts, there was more than personal hostility between the protector and the widow and that the breakdown in relations was having …

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Charities: A robust approach

Simrun Garcha provides a round-up of relevant Charity Commission decisions ‘The enhanced rigour with which the Commission holds charities accountable is likely to increase now that the Charities (Protection and Social Investment) Bill has been given Royal Assent.’ The Charity Commission, as the sole, independent regulator of charities in England and Wales makes a plethora …

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IHT: Showing resolved intent

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Peter Nellist highlights a key exemption to inheritance tax and discusses the importance of a lasting power of attorney ‘The proper use of a resolution, as opposed to relying on a pattern building up from past gifts, can make it possible for the s21 exemption to apply to what otherwise HMRC would argue was a …

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Jurisdiction: Out of place

Matthew Howson examines the lessons from Winkler v Shamoon [2016] ‘The presence of an Israeli estate, Israeli personae and all the other claims in Israel meant that Israel was clearly the most natural and convenient forum for the claim.’ Sami Shamoon (Mr Shamoon) had a remarkable life. Born in the 1930s to an Iraqi Jewish …

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Trusts: Breaking the blank

In Ong v Ping the court considered a trust where the property held had not been identified. Oliver Hilton explains ‘Where the parties’ intention can be clearly and sufficiently ascertained from the available material and circumstances, the court will not be hamstrung by mere formalities, and will rarely hesitate in finding a way to give …

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Musings From Manchester: Follow the exit signs?

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Geoffrey Shindler puts his mind to the neglected question of how Brexit would affect the trusts and estates world ‘We may have to accept that what might benefit a testator in the UK and will currently benefit some person in the EU may not be the case if we are no longer in the EU. …

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Probate: Fee reign

Alexander Learmonth gives the lowdown on the probate fees consultation ‘This naivety in the proposal’s formulation leads one to think that enforcement of the new fees would be problematic for Probate Registry officers, who have neither the training nor the investigative resources to act as tax inspectors.’ What fantastic value for money we get from …

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