In the matter of F Trust -

WTLR Issue: June 2016 #160

The applicants, three trustees of the F Trust and the A Settlement (the trusts), applied, pursuant to s47A of the Trustee Act 1975 and/or the inherent jurisdiction of the Court, to set aside deeds of appointment and retirement of trustees executed in 2005 and 2008, respectively, to the extent that they appointed the first defendant as a trustee...

Smith v Herbert [2014] EWHC 4177 (Ch)

WTLR Issue: June 2016 #160

The claimant was, together with his sister and brother, a beneficiary entitled to an interest in possession in land comprised within the Edmondsham Estate (children’s property) by virtue of a deed of appointment made in 1979 in exercise of a power contained in a settlement dated 17 March 1965 created by the late TAH Medlycott...

Van Der Merwe EWHC 790 (Ch)

WTLR Issue: June 2016 #160

The claimant and first defendant were husband and wife and joint freehold owners of a property in the UK where they lived. Up until March 2006 the claimant and first defendant were treated as domiciled in South Africa. However, from 6 April 2006 they would be treated as domiciled in the UK for inheritance tax purposes...

A v B [2016] EWHC 340 (Ch)

WTLR Issue: June 2016 #160

An application was made on 16 February 2016 to vary the trusts of the will of a testator (will) and of a settlement made by reference to the will (settlement) by the testator’s brother (settlor) pursuant to the Variation of Trusts Act 1958...

Mason & ors v Coleman & ors [2007] EWHC 3149 (Ch)

WTLR Issue: June 2016 #160

The first claimant, Mr Mason, was the settlor of a number of settlements. The second to sixth claimants were the beneficiaries under those settlements. The first defendant, Mr Coleman, was a financial advisor in whose favour Mr Mason on 3 September 2000 executed an enduring power of attorney in wide terms...

Burns v Burns [2016] EWCA Civ 37

WTLR Issue: June 2016 #160

On 21 May 2010 the deceased died, aged 89, leaving two sons: the appellant and the respondent. The respondent claimed pronouncement in solemn form of an alleged will of the deceased dated 26 July 2005, which divided the deceased’s estate equally between the appellant and the respondent...

Gedir v HMRC [2016] UKFTT 188 (TC)

WTLR Issue: June 2016 #160

In 2008, the appellant (A) was employed by Bear Stearns in the risk arbitrage unit before and during the period that it was acquired by JP Morgan. A received an offer from JP Morgan to continue to work in his role at the bank, which he accepted. But ultimately in September 2008, he took up a role with Goldman Sachs instead along with other members of his team at Bear Stearns...

Groves v HMRC [2014] UKFTT 858 (TC)

WTLR Issue: June 2016 #160

The appellant (A) in his capacity as executor of an estate appealed against the imposition of a late filing penalty of £400 in relation to a trust and estate tax return for the year 2012/2013.

HMRC sent A a notice on 6 April 2013 requiring submission of a trust and estate return for that year by 31 October 2013 for paper returns or 31 January 2015 if electronically...

Haastrup v Okorie [2016] EWHC 12 (Ch)

WTLR Issue: June 2016 #160

This was an application to strike out, or alternatively, for summary judgment in relation to, a claim in relation to the estate of Captain Haastrup brought by the claimant.

Captain Haastrup died on 8 October 2012 in England. On 20 January 2014, the claimant obtained letters of administration in Nigeria...

HN v AN [2005] EWHC 2908 (Fam)

WTLR Issue: 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...