Re May Trust [2022] WTLR 637

Wills & Trusts Law Reports | Summer 2022 #187

The trustee of a Jersey trust known as the May Trust made a Public Trustee v Cooper Category 2 application for a ‘blessing’ of its decision to make a distribution to a beneficiary (B). The primary purpose of the distribution was to allow B to benefit a charity, which was also a beneficiary of the trust. The application was uncontentious.

The trust had been declared in 2000 by a deed of appointment. The appointing trust had been settled by B’s father in Cayman in 1982. The governing law of the May Trust was changed from Cayman law to Jersey law. The assets of the appointing trust w...

Charitable gifts: Needing a steer

A failure to correctly identify beneficiaries of charitable gifts in a will can result in the failure of that gift. Laura Abbott examines the factors that will be considered The original will file had been destroyed and so there was no evidence of the deceased’s precise instructions. The judge was therefore prepared to look at …
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Routier & anr v HMRC [2017] WTLR 1119

Wills & Trusts Law Reports | Autumn 2017 #169

The appeal concerned the restriction (the Restriction) imposed by s23 of the Inheritance Tax Act 1984 (IHTA), as interpreted by the Court of Appeal in an earlier hearing of the appeal, on IHT relief for legacies and gifts to charities, to legacies and gifts to UK charities subject to the supervision of the UK courts. The question was whether the Restriction violated the EU law principle of freedom of movement of capital so as not to be enforceable in relation to a legacy of an estate with assets situate in the UK to a Jersey charity.

There were three sub-issues:

  1. (1) W...

Routier & anr v HMRC [2014] EWHC 3010 (Ch)

Wills & Trusts Law Reports | November 2016 #164

This appeal concerned whether a disposition in the will of the late Mrs Beryl Coulter (the deceased) is exempt from inheritance tax because it comprises property which is given to charities within the meaning of s23 of the Inheritance Tax Act 1984 (the IHTA). The appellants are the executors of the deceased’s estate.

The deceased died on 9 October 2007. In her will dated 1 October 2007 she left a number of pecuniary legacies. Her residuary estate was held on trust by the executors (the Coulter Trust) for ‘such incorporated body as may be set ...

Charitable Gifts: An episcopal from Acacia Road

The case of Kings v Bultitude has lessons for the failure of a residuary gift as well as casting light on a colourful part of church history, as Barbara Rich finds out In early January 2008, Mrs Pamela Schroder died and left the residue of her estate:To the person who… shall be or act as …
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