Shelford & anr v HMRC [2020] UKFTT 0053 (TC)

WTLR Issue: Summer 2020

1. JOHN LEONARD MCNEILL SHELFORD, ILONA CHARLOTTE LAZAR, ROBIN PATRICK HERBERT, MICHAEL ALAN HERBERT (AS EXECUTORS OF JOHN SELWYN HERBERT, DECEASED)

2. JOHN LEONARD MCNEILL SHELFORD (AS TRUSTEE OF THE HERBERT LIFE INTEREST TRUST SETTLEMENT)

V

THE COMMISSIONERS FOR HER MAJESTY’S REVENUE AND CUSTOMS

Analysis

John Selwyn Herbert (Mr Herbert), a widower with three children, owned and lived in the freehold house, 12 Hammersmith Terrace, London (the house). In 2001, Mr Herbert obtained inheritance tax advice from Stevens & Bolton to implement what was described as the ‘home loan scheme’ and he asked the second appellant, Mr Shelford, who was a solicitor and partner in Edwin Coe, to act as a trustee of the Herbert Life Interest Settlement (the settlement).

Counsel details

William Massey QC, Emma Chamberlain and Oliver Conolly (Pump Court Tax Chambers, 16 Bedford Row, London WC1R 4EF, tel 020 7414 8080, e-mail clerks@pumptax.com), instructed by Edwin Coe LLP (2 Stone Buildings, Lincoln’s Inn, London WC2A 3TH, tel 020 7691 4000, e-mail enquiries@edwincoe.com) for the appellants.

Jonathan Davey QC (Wilberforce Chambers, 8 New Square, Lincoln’s Inn, London WC2A 3QP, tel 020 7306 0102, e-mail chambers@wilberforce.co.uk) and Thomas Chacko (Pump Court Tax Chambers, 16 Bedford Row, London WC1R 4EF, tel 020 7414 8080, e-mail clerks@pumptax.com), instructed by the General Counsel and Solicitor to HM Revenue and Customs (HM Revenue & Customs Solicitor’s Office, South West Wing, Bush House, Strand, London WC2B 4RD) for the respondent.

Legislation referenced

Legislation in bold has further reading - click to view.

  • Statutes referred to Finance Act 1986, s103, Sch 20 Finance Act 2004, s84, Sch 15 Inheritance Tax Act 1984, ss3, 4, 49, 162-164, 222 and 224 Law of Property (Miscellaneous Provisions) Act 1989, s2