Insights: Helena Luckhurst

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Cryptocurrency estate planning: lessons from QuadrigaCX

Helena Luckhurst, David Lee |

In a plot line worthy of a Dan Brown novel, the 30 year old CEO and founder of QuadrigaCX, Gerald Cotton, was reported as having died in India at the end of last year, seemingly having taken the passwords to the company’s cold storage wallets with him to his grave.


Time to send the family wealth on a foreign holiday?

Helena Luckhurst |

Vast sums of family wealth have already left the city of London, according to press reports.  The consistent feedback from our clients is that, whilst all the political uncertainty surrounding Brexit is certainly wearing on the soul, a Corbyn Government is a much more scary prospect. The key concern is a sudden clamp down on […]


Appeal against UK’s first Unexplained Wealth Order rejected

Helena Luckhurst |

An attempt to appeal the UK’s first Unexplained Wealth Order (UWO) has recently failed in the High Court. In February 2018, the UK’s National Crime Agency sought an UWO against Mrs A (whose anonymity may only be temporary), seeking information about the purchase of a valuable London property. UWOs require an individual to provide a […]


Gifting millions under Lasting Power of Attorney: the JMA case

Helena Luckhurst |

One of the less talked about implications of losing capacity in old age is that Inheritance Tax (IHT) planning often becomes impossible without court intervention.  Incapable wealthy family members cannot make gifts because they lack the capacity to authorise them.  Even if they have had the foresight to sign a Property & Financial Affairs Lasting […]


IHT relief and holiday homes: has the tide turned?

Helena Luckhurst |

Confidence in claiming Inheritance Tax (IHT) Business Property Relief (BPR) in relation to holiday homes has been at a low ebb in recent years, following a string of cases that have ultimately gone against the taxpayer.  However, in the recent case of Graham v HMRC ([2018] UKFTT 0306 (TC)), the taxpayer was victorious.  Has this […]


Domicile dramas

Helena Luckhurst |

Many advisers have to grapple with the sometimes difficult question of establishing their client’s domicile. A client’s domicile is fundamentally important in a diverse range of English legal and tax areas, such as whether: a client can bring divorce proceedings in the UK; a client is liable to UK Inheritance Tax on worldwide assets as […]


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

Helena Luckhurst |

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 […]


Event: Investing in the UK: Immigration and Tax considerations for HNWIs

Helena Luckhurst, Kelly Whiter |

Following the initial shock of the outcome of the EU referendum in June 2016, confidence about the UK’s future is slowly returning. As this continues, HNWIs from outside the EU are again looking to […]

Trusts v FICs: which is best?

Helena Luckhurst |

Is a company or a trust the best vehicle to hold family money? Companies can be used to hold family wealth. Often referred to as Family Investment Companies (FICs), at their simplest they can be seeded with funds by subscribing for shares or, if continued access to family wealth is needed, by way of loan […]


Unexplained Wealth Orders – force for good or snoopers’ charter?

Helena Luckhurst |

Unexplained Wealth Orders (UWOs) are a new tool in the armoury of the UK Government, designed to disrupt the entry of the proceeds of crime into the mainstream economy. From 31 January 2018, UWOs can be issued by the English High Court to enforcement authorities (including HMRC) in respect of (i) non-EU Politically Exposed Persons […]


Attorneys and gifts

Helena Luckhurst |

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

Helena Luckhurst |

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 […]