November 2022 #238 – Law Journals

Guest editorial: Will there be a further U-turn?

Kwasi Kwarteng announced the abolition of the OTS in his recent mini-budget. Judith Millar explores what this means for private client practitioners As a private client practitioner, regularly grappling with layers of tax complexity, and particularly in the light of the Treasury’s endorsement less than a year ago, the recent announcement about the closure of …

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Wills: To charge or not to charge?

Da Silva v Heselton provides welcome clarity on the circumstances in which executors can charge for their services. Lesley Harrison reports It makes no obvious sense for the estate to pay an executor for work that they carry out in which they have no relevant professional skill or business experience. In the case of Da …

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Trusts: Distinguishing between rules for ‘bare’ trusts and others involving a fiduciary duty

Kerry Bretherton KC and Katie Gray examine a case that finds that the service of a notice to quit is not a breach of trust Where parties have jointly contracted to rent a property and one of them wishes to quit, he or she cannot be held to a tenancy contract which is dependent for …

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Trust Registration Service: Who can make a successful request for information

Duncan Bailey and Cathryn McCorkindale explain how data on the Trust Registration Service will be disclosed HMRC issued a policy which confirms that all requests will be carefully examined and there will be some data that is ‘exempt’ and therefore will not be provided on request. With the Trust Registration Service (TRS) in full swing, …

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Inheritance Act claims: Heads I win, tails you lose – CFA-funded claims under the 1975 Act

Andrew Bishop and James McKean review a defendant’s attempts to compel a CFA-funded claimant under the Inheritance Act to take out insurance or make payments into court There is a fairly common misconception that a CFA-funded claimant is under an obligation to obtain ATE insurance to ensure their opponent’s costs can be paid. It is …

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Offshore: Lessons for trustees and trust practitioners from Patel v JTC

Trustees should not become overly involved in family disputes, and court sanction should be obtained for any arrangements put in place. Damian Evans and Matthew Davies discuss When discord breaks out between family members, it is often the case that a trustee will find itself caught between the different sides of the family dispute. The …

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Offshore trusts: Equitable mistakes and undoing the past

Is a transaction one by which one party intended bounty on another with a false belief of the outcome of the transaction? Donna Matthews considers this question recently considered by the High Court of Justice of the Isle of Man The equitable jurisdiction is normally invoked where a disposition into a trust has unforeseen consequences …

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