Trusts and Estates

A will may make the best, and most tax effective, provisions for the testator’s beneficiaries at the date when the will was drawn up. However, in the circumstances prevailing at the date of the testator’s death it might be clear that..

The Mental Health Acts contain provisions under which the Court of Protection can authorise a person to execute a will on behalf of a testator who lacks testamentary capacity. Recent case law has confirmed that the approach to be taken by the Court..

On page 4, there is a note of the Upper Tribunal decision in HMRC v Brander [2010] UKUT 300. It will be recalled that this was a case which concerned a Scottish agricultural estate, the Whittinghame Estate, in which a mix of agricultural and rural..

In ‘From the Courts’ on page 3 there is a note of the High Court Decision in Ashcroft v Barnsdale [2010] EWHC 1948 (Ch). This was a case in which the Court ordered rectification of a will. Under the will, as originally drawn, a..

The CGT exemption for gains arising on the disposal of, or of an interest in, a dwellinghouse which has been the taxpayer’s only or main residence, is of the greatest importance – the more so since the marginal CGT rate has been..

It is well known that, under s624 Income Tax (Trading and Other Income) Act 2005, the incomes of a ‘settlement’ is taxed upon the ‘settlor’, if the settlor or his spouse retains an interest in the settlement. For the..

Readers may recall the decision of the First Tier Tribunal in the case of Brander v HMRC. This concerned a claim for business property relief of relating to a Scottish landed estate. A number of activities were carried on upon the estate, which had..