i-law

Trusts and Estates

Business property relief ownership and activity
The decision of the Court of Appeal in Northern Ireland in McCall v HMRC (2009) NICA 12 is noted in ‘From the courts’ on page 3. This is an appeal from the Special Commissioners’ decision reported at (2008) SpC 678. The question..
Online Published Date:  25 March 2009
Appeared in issue:  Vol 23 No 2 - 01 March 2009
The Mental Capacity Act 2005 and statutory wills
Within the professions, there has been a great deal of debate as to the extent that the Mental Capacity Act 2005 has changed the previous law and practice. It has now been made clear by the High Court that there has been a significant change in the..
Online Published Date:  25 March 2009
Appeared in issue:  Vol 23 No 2 - 01 March 2009
CGT settled property and absolute entitlements
At the time of writing, the property and investment markets have fallen significantly from their peak values, and may go even lower. For investment managers, advisers and their trustee clients the scenario is bleak and frightening. However, even..
Online Published Date:  25 March 2009
Appeared in issue:  Vol 23 No 2 - 01 March 2009
IHT business property relief
Readers will be aware that there has been considerable debate about the IHT implications for a landowner, of entering into grazing agreements with owners of livestock. Of course, an owner of grassland may simply let the land to a tenant under a..
Online Published Date:  25 March 2009
Appeared in issue:  Vol 23 No 2 - 01 March 2009
CGT – leaving the principal private residence to a spouse or civil partner
In previous issues of Trust and Estates it has been noted that if eg, on the death of the husband he leaves the family home to his widow, s222 (7) TCGA 1992 may restrict the amount of the private residence exemption available to the widow on a..
Online Published Date:  25 March 2009
Appeared in issue:  Vol 23 No 2 - 01 March 2009

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