i-law

Trusts and Estates

The Court of Protection: Ten years on

The Court of Protection celebrated its tenth birthday this month. The key parts of the Mental Capacity Act 2005 (the MCA 2005) came into force on 1st October 2007, introducing a new Court of Protection with a combined jurisdiction covering both..
Online Published Date:  06 December 2017

Ilott on the ground

The Court of Appeal’s decision in Ilott v The Blue Cross & Others [2015] EWCA Civ 797 led to a flurry of claims by adult children under the 1975 Act. In March 2017, the Supreme Court handed down its decision on appeal ([2017] UKSC 17)..
Online Published Date:  06 December 2017

HMRC v Parry & Ors [2017] UKUT 4

This case recently went to the Upper Tribunal (UT), which has provided some guidance on key provisions of the Inheritance Tax Act 1984 (the “IHTA 1984”). The proceedings concerned the circumstances in which an omission to take pension..
Online Published Date:  06 December 2017

Excluded property for Inheritance Tax purposes

Barclays Wealth Trustees (Jersey) Limited & Michael Dreelan v HMRC [2017] EWCA Civ 1512
Online Published Date:  21 December 2017

Ownership disputes: Constructive or resulting trust?

Marr v Collie [2017] UKPC 17
Online Published Date:  21 December 2017

A bare trust in a discretionary trust’s clothing

Mezhprom Bank v Pugachev [2017] EWHC 2426 (Ch)
Online Published Date:  21 December 2017

Henderson and Ors v HMRC [2017] UKFTT 556 (TC)

The appellants were the four children of Nicholas Henderson. They appealed under s42 of the Income Tax (Earnings and Pensions Act) 2003 and s207 of the Income and Corporation Taxes Act 1988, against HMRC determinations that they had all been..
Online Published Date:  27 December 2017

Beddoe relief: Origin, scope, limits and some practical points

In Pettigrew and Ors v Edwards [2017] EWHC 8 (Ch) Master Matthews dismissed an application for Beddoe relief by the trustees of a will trust who had been made defendants to proceedings brought against them by the life tenant. The decision is a..
Online Published Date:  27 December 2017

Costs in contentious probate proceedings

The starting point in contentious probate proceedings, like any other civil claim, is that costs will follow the event pursuant to CPR 44.2(2)(a) (“the general rule is that the unsuccessful party will be ordered to pay the costs of the..
Online Published Date:  27 December 2017

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