September 2016 #179 – Law Journals

Trusts: Folly engaged

Mark Pawlowski discusses the case law on testamentary trusts for useless or capricious purposes ‘Unwarranted restrictions on the use of estate property, as opposed to their outright destruction, have been struck down on principles of wastefulness and harm to individuals or community.’The notion that a trust may fail because it serves no useful purpose or …

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Wills: At your disposal?

John Dickinson and Natasha Dzameh look at the circumstances in which a disposition to an executor constitutes an absolute gift ‘Mr Justice Newey therefore concluded that the will constituted an absolute gift to the executor and there was no impermissible delegation of the deceased’s testamentary powers.’ Practitioners contending with wills and probate matters are fully …

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Negligence: No shortcuts for solicitors

Scott Allen and Josh Folkard highlight a case brought by disappointed beneficiaries against a financial adviser ‘The judge’s decision that a frustrated beneficiary claim could potentially be advanced by reference to any of the three potential tests for liability in tort could, if applied more widely, introduce uncertainty into what has generally been seen as …

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Tax: A successful flip-flop

Claire Randall and Katie Allard outline the tax implications of Bowring v HMRC, which concerned a scheme to reduce CGT on capital payments by a trust ‘The judgment in Bowring provides a useful insight for those involved in tax planning as to how the courts are likely to decide on similar issues in the future.’In …

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Court Of Protection: Best interests

Howard Smith summarises the position on the bestowing of gifts and other benefits when a person lacks capacity ‘In each case the deputy or the attorney must decide whether the size of any proposed gift is reasonable given the occasion on which the gift is made and the size of the estate.’ In cases where …

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Book Review: Worth its weight

Duncan Bailey reviews the latest version of Ray & McLaughlin’s Practical Inheritance Tax Planning What an initially daunting book: 45mm thick, 900 odd pages and no pictures or thumb spaces between the words. At first I was not sure whether I was meant to wade through it cover to cover and take a few weeks …

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Ecclesiastical Courts: A grave matter

Liz Braude gives the lowdown on the jurisdiction of the consistory courts, with reference to recent cases ‘A permanent burial is consistent with commending the person to God, entrusting them in peace for their ultimate destination and this commending, entrusting, resting in peace does not sit easily with “portable remains.”’Few practitioners have experience of the …

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Musings From Manchester: Dictionary Corner required

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There is a difference between privacy and secrecy. Geoffrey Shindler considers common terms used by politicians and the press about the trust industry ‘There is a fundamental difference between tax evasion, which is a crime; tax avoidance, which is using the legislation created by these MPs who now complain about its use to structure your …

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