Insights: Helena Luckhurst

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Attorneys and gifts

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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 […]


Out of time Inheritance Act claims: lessons from the Sargeant case

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Mrs Mary Sargeant’s case is a classic example of why advisers of bereaved widow(er)s are ideally placed to help their clients consider whether sufficient provision has been made for them under their deceased spouse’s Will.  The problem, as Mrs Sargeant found out, is that this is sometimes not obvious even a number of months after […]


Has HMRC called time on Inheritance Tax planning?

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Clients intending to carry out Inheritance Tax (IHT) planning in relation to their assets should consider completing their planning ahead of the 1 April 2018 changes to the DOTAS Regulations, as they apply to IHT. The Disclosure of Tax Avoidance Schemes (DOTAS) regime is not new but, to date, its application to IHT has been […]


How to save tax like a duke

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Using family trusts to save IHT is not just for the super-rich, but it does help to have had some well-advised ancestors… No doubt you’ve read the press reports about the sixth Duke of Westminster who has arranged his financial affairs so that the bulk of his £9bn property portfolio passes to his son, Hugh, […]


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

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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 […]


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

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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; […]


UK tax compliance is getting strict with non-doms

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To those of us who spend our working hours musing on tax problems, not thinking about the tax implications of where we choose to live, what we invest in and how we do business can seem, well, pretty strange. However, for most (normal) people, tax, and tax compliance in particular, are not top of their […]


Trustee beneficial ownership reporting obligations: technical guidance issued

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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 […]


2017 Legal 500 ranks Fladgate across the board

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Fladgate LLP is delighted to have achieved across the board rankings in the recently launched 2017 edition of the Legal 500 Guide to the UK Legal Profession. The firm achieved 26 rankings, with 59 lawyers attaining 91 individual recommendations.  Commercial contracts Fladgate LLP enhanced its commercial contracts offering with the recruitment of James Earl, an expert in the […]


UK tax legislation update: taxation of non-doms

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Over the past couple of years, the Government has placed non-doms on notice of its intention to change the way in which they and their offshore trusts are taxed for UK tax purposes.  Now finally all previously trailed provisions have been reintroduced into draft legislation, so here is a brief reminder of the main provisions […]


Can you disinherit your children if you want to?

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You may recall that, a couple of years ago, the English press was full of reports of the Will case of Ilott v Mitson.  (For some background on the case, see my 2015 and 2017 posts about it.) The case was of interest to any testator who is considering cutting out children from their Will.  However […]


IHT Residence Nil Rate Band: depending on downsizing?

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HMRC have published new guidance covering the downsizing provisions of the Residence Nil Rate Band (RNRB) (click here for a link to it). This will be of interest to advisers looking for a relatively straightforward introduction to this aspect of the RNRB which may be suitable for forwarding on to clients. Whenever individuals interested in […]