Dunsby v Commissioners for Her Majesty’s Revenue and Customs [2021] WTLR 157

Wills & Trusts Law Reports | Spring 2021 #182

This was an appeal concerning a tax avoidance scheme designed to allow shareholders in private companies to extract profits without paying income tax on them.

Prior to entering into the scheme, T was sole director and shareholder of M Ltd. The scheme had three steps:

  1. (1) On 11 March 2013, the board of directors of M Ltd (ie T as sole director) and T resolved to approve the creation of a new class of ‘S’ ordinary shares and the necessary amendments to M Ltd’s articles of association. On the same day, M Ltd (by resolution of T as sole shareholder) created the new S clas...

Henchley & Ors v Thompson [2017] EWHC 225 (Ch)

Wills & Trusts Law Reports | Winter 2018 #170

The claimants were the beneficiaries of two trusts created by the late WCC Henchley (‘Settlor’). The NE Henchley Trust (‘First Trust’), dated 1 September 1960, provided for the trust assets to be held upon trust for the Settlor’s wife for life or until remarriage with remainder for such of his children as were then living and if more than one in equal shares. The trust assets, which once included bank accounts and a portfolio of investments, now consisted of the residence of the Settlor’s wife at 395 Cockfosters Road, Whaddon Lodge (‘Property’). By a Deed of Appointment dated 20 November...

A & ors v D & ors [2017] EWHC 2222 (Ch)

Wills & Trusts Law Reports | Autumn 2017 #169

A & B were the current trustees of a settlement known as the Children’s Trust dated 21 March 2000. They were, with C, the current trustees of a settlement known as the M Trust dated 7 December 2004 (together the ‘Settlements’). A was the settlor of the settlements. D, E & F were his three minor children. G was joined in as a person appointed to represent a class of unborn beneficiaries. The settlements were drafted to qualify as accumulation and maintenance trusts within the requirements of Section 71 of the Inheritance Tax Act 1984 (‘1984 Act’). Both made provision for a class o...

HN v AN [2005] EWHC 2908 (Fam)

Wills & Trusts Law Reports | June 2016 #160

HN (the wife) married AN (the husband) on 30 September 2001. In July 2000 they had chosen a property known as Brooklands Farm (Brooklands) to be their future matrimonial home; it had been purchased in July 2000 for £725,000 by a Bahamian company called WP Ltd, which was owned by a Guernsey trust called the F Trust.

The F Trust was created on behalf of AN’s grandparents by a trust deed dated 19 January 1989. In 1998 various beneficiaries had received distributions in satisfaction of their respective entitlements and from this date only AN remained a beneficiary. In July 2000...

Curtis Green v HMRC [2015] UKFTT 0236 (TC)

Wills & Trusts Law Reports | October 2015 # 153

Mrs Green ran a business known as Flagstaff Holidays (the business) which let five units of self-contained holiday accommodation in a property known as Flagstaff House, Burnham Overy Staithe, King’s Lynn, Norfolk (the property). Mrs Green had bought the property for £900,000 in 2003. Between 2009-2012, the property was let for a total of around 650 to 750 nights a year. At all relevant times, Mrs Green lived in Woodbridge, Suffolk. On 2 February 2010, the property was valued by a firm of estate agents at £1.9m on a vacant possession basis.

On 5 April 2010, Mrs Green settled ...

Beckett & anr v McMillan & anr [2015] NICh 8

Wills & Trusts Law Reports | September 2015 #152

Beatrice Maeve Beckett was born on 15 March 1939. She married the late Raymond Walter Beckett (the deceased) on 6 August 1958. They had two sons. They eventually separated, after a series of what Mrs Beckett described as the ‘lengthy adulterous relationships’ on the part of the deceased.

The deceased eventually began cohabiting with Evangeline Jemima Herd, and they were living together as man and wife at the time of his death on 27 May 1997. He left a will of 8 February 1996 under which the entirety of his estate passed to Ms Herd.

Mrs Beckett issued proceedings...