Legal updates


Guest blog: Does my new charity need to be registered?

25 May 2018

Whatever your reasons are for setting up a charity (perhaps it is for tax reasons or to benefit from business rates relief), here are a few points from Emma Hurrell to consider when doing so. Trustees Trustees are those who have general control and management of the administration of the charity. The Charity Commission suggests […]

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Trustees beware – beneficiaries can ask for more trust information than you think!

3 May 2018

Lewis v Tamplin ([2018] EWHC 777 (Ch)) is a useful reminder to trustees and their advisers of the difficulty of resisting requests for disclosure of trust documents from trust beneficiaries, where the purpose of the request is to obtain information about the trust, its assets and the trustees’ stewardship of them, to enable the beneficiaries […]

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Attorneys and gifts

15 February 2018

The Public Guardian’s new ‘Practice Note PN7: giving gifts’ is a must-read for any attorney appointed under an Enduring or Lasting Power of Attorney, or deputy, faced with the thorny issue of whether they can use the incapable donor’s funds in a transaction which is not for value – such as a payment by way […]

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Capital Gains Tax and offshore trusts: match fit for April 2018?

14 December 2017

The UK’s Autumn Budget contained a welcome lack of new measures affecting the capital gains taxation of offshore (i.e. non-UK) trusts.  However, there are Capital Gains Tax changes waiting in the wings, already announced, coming into effect on 6 April 2018.  There may be steps that UK resident non-doms and their trustees ought to be […]

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The best Christmas present for your family: a discretionary trust?

30 November 2017

It’s beginning to look a lot like Christmas out there, as Bing says.  Thoughts turn to what gifts to give our family.  When it comes to making big gifts to family members, though, in lifetime or on death, still not enough people think of using a trust. Many people hardly know what a trust is; […]

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Trustee beneficial ownership reporting obligations: technical guidance issued

19 October 2017

Trustees of most UK and foreign trusts which are liable to pay UK Income Tax (IT), Capital Gains Tax (CGT) or Inheritance Tax (IHT), among others, in any given UK tax year, must now report beneficial ownership details to HMRC in relation to that tax year. This is part of the UK’s response to the […]

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Finance Bill 2017: Non-dom tax changes dropped – for now?

4 May 2017

The Finance Bill 2017 contained a number of measures altering the way in which long term UK resident non-doms and UK residential property held in certain offshore entities would be taxed in the UK. However, last week it became clear that all of the non-dom tax changes would be dropped from the Finance Bill, to […]

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Ilott v Mitson Supreme Court decision: UK testamentary freedom reasserted

23 March 2017

Last week, the Supreme Court brought to an end a 13 year legal battle over the late Mrs Jackson’s Will. The Will left virtually all of Mrs Jackson’s assets (some £480,000) to three UK charities, cutting out entirely her only child (Mrs Ilott), who was for many years estranged from her mother but who lived […]

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How to manage UK probate fee increases

9 March 2017

Currently most applications made by solicitors for a UK grant of representation for a deceased’s estate incur a flat fee of £155 payable to the Probate Registry. However, perhaps within a little over two months’ time, a grant could cost as much as £20,000! How did we get here and, more importantly, what can be […]

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‘Toxic’ survivorship clauses: does your Will contain one?

12 January 2017

Do you have a survivorship clause in your Will? Chances are you do, if you leave assets to someone outright in your Will. The mischief that these clauses are designed to avoid is this. If A gives a gift to B in his Will and B dies the day after A, B’s estate will get […]

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