Routier and another v Revenue and Customs Commissioners [2014] EWHC 3010 (Ch); [2014] WLR (D) 449
‘For a transfer under a will to be exempt from inheritance tax because it was to be “held on trust for charitable purposes” within the meaning of section 23(6) of the Inheritance Tax Act 1984 the relevant trust had to be subject to the jurisdiction of the United Kingdom courts.’
WLR Daily, 18th October 2014
Source: www.iclr.co.uk
‘A husband who swindled his brother out of a share of a £1.5m inheritance after his parents died has been jailed for four years and four months.’
The Guardian, 24th October 2014
Source: www.guardian.co.uk
‘The 1st October 2014 sees the implementation of long awaited changes to the way in which intestacy and claims for reasonable financial provision are approached. The Inheritance and Trustees’ Powers Act 2014 is the result of a six year Law Commission review of the intestacy rules and claims for reasonable financial provision. The review was prompted by research that suggested 58% of the adult population does not have a will and the intestacy rules did not properly provide for modern relationships.’
Full story (PDF)
Zenith Chambers, 1st October 2014
Source: www.zenithchambers.co.uk
‘‘Save the Date!’ The Inheritance and Trustees’ Powers Act 2014 comes into force on 1 October 2014. Alexander Learmonth summarises the important changes being brought in by the new Act.’
Full story (PDF)
New Square Chambers, October 2014
Source: www.newsquarechambers.co.uk
‘This case is an interesting example of a claim for breach of confidence (both in contract and in equity) where, although liability was established, only nominal damages (£1) were awarded to the Claimant.’
RPC Privacy Law, 7th October 2014
Source: www.rpc.co.uk
It doesn’t take a legal qualification to realise that the Administration of Estates Act 1925 was outdated. A statute which starts the list of a widow’s inheritance entitlement with “carriages, horses, stable furniture and effects” is not at home in a world where last year’s iPhone is considered an antique. Fortunately, from 1st October 2014, the somewhat antediluvian “rules of intestacy” are getting a makeover in the form of The Inheritance and Trustees’ Powers Act 2014, which brings the 1925 Act into the 21st century.’
Barristers Hub, 29th September 2014
Source: www.barristershub.co.uk
‘There have been a number of attempts by those facing repossession and worse at the hands of mortgage lenders to dispute the validity of the claims against them on the basis of a failure to comply with the necessary legal formalities. Mortgage lenders typically send a mortgage offer letter that they invite their borrower to sign. Often the mortgage lender does not formally sign the offer letter. At the time of an advance there is usually a mortgage deed which is often signed by the borrower not the lender.’
Hardwicke Chambers, 10th September 2014
Source: www.hardwicke.co.uk
‘Peter Howes forged the signature of his brother and mother, cashed in life insurance policies and siphoned off the proceeds of the sale of the £1m family home.’
Daily Telegraph, 9th September 2014
Source: www.telegraph.co.uk
‘What claim does a principal have where an agent or other fiduciary receives a bribe or secret commission in breach of the duty owed to him? Is the principal confined to a personal claim for equitable compensation from the fiduciary or canhe show that the bribe or commission was held on trust for him? After two centuries of debate in and out of the courts, the Supreme Court in FHR European Ventures LLP v Cedar Capital Partners [2014] UKSC 45 determined that the bribe or commission is held on trust such that the principal does enjoy a proprietary claim.’
New Square Chambers, 14th August 2014
Source: www.newsquarechambers.co.uk
‘Where a charitable trust held donations intended for other charities nominated by members of the public, and there was a shortfall between the funds held by the charitable trust and the donations, it was just and appropriate to treat the unpaid charities as participants in a common misfortune brought about by the management of the donation scheme. Those charities should bear that burden equally as to the distribution of the remaining funds.’
WLR Daily, 22nd July 2014
Source: www.iclr.co.uk
‘As every student of equity knows well, a trust is a type of property ownership in which one or more people (the trustee(s)) hold property on behalf of one or more other people (the beneficiary/ies), exercise all the powers of an owner of property in relation to third parties, but are bound to do so for the exclusive interests of the beneficiaries. A trust can be express, made by a formal written implement, or implied, either by transfer of property without explanation (a resulting trust) or in circumstances where the common intention of the parties is or is deemed to be for the property to be held on trust (a constructive trust). Both express and implied trusts are genuine trusts: the property is owned by the trustee, subject to the interest of the beneficiaries.’
The Barristers’ Hub, 1st August 2014
Source: www.barristershub.co.uk
‘On 8 July 2014, the Upper Tribunal (Tax and Chancery Chamber) (UT) handed down its eagerly awaited judgement in HMRC v Murray Group Holdings and Others[1], which concerned an Employee Benefit Trust (EBT) structure. Most readers will know this case as the ‘Rangers Case’, as the facts relate to employees of the Scottish football club as it existed before its liquidation and subsequent purchase.’
RPC Privacy Law, 31st July 2014
Source: www.rpc.co.uk
‘The definition of “retail prices index” in pension scheme documentation operated to confer powers to select an index other than the retail prices index and those powers were not confined to circumstances in which the retail prices index had been discontinued or replaced. Section 67 of the Pensions Act 1995 did not preclude the selection of the consumer prices index for use in connection with benefits derived from past service.’
WLR Daily, 31st July 2014
Source: www.iclr.co.uk
‘Where a charitable trust held donations intended for other charities nominated by members of the public, and there was a shortfall between the funds held by the charitable trust and the donations, it was just and appropriate to treat the unpaid charities as participants in a common misfortune brought about by the management of the donation scheme. Those charities should bear that burden equally as to the distribution of the remaining funds.’
WLR Daily, 22nd July 2014
Source: www.iclr.co.uk
‘Pension fund trustees do not have to “maximise returns” in the short-term at the expense of risks over the longer term, according to a report published today by the Law Commission.’
Law Commission, 1st July 2014
Source: www.lawcommission.justice.gov.uk
‘The fate of one of the “most important libraries in the world” which houses thousands of historic volumes saved from the Nazis, is to be decided in the High Court.’
The Independent, 24th June 2014
Source: www.independent.co.uk
Khaira and others (Respondents) v. Shergill and others (Appellants) [2014] UKSC 33 (YouTube)
Supreme Court, 11th June 2014
‘The Supreme Court has just reversed a decision of the Court of Appeal (see my previous post here) that a dispute about the trust deeds of two Sikh religious charities was non-justiciable and so could not and should not be decided by the Courts. By contrast, the SC said that two initial issues concerning the meaning of trust deeds were justiciable, and, because of this, further issues which did raise religious issues had to be determined by the courts.’
UK Human Rights Blog, 11th June 2014
Source: www.ukhumanrightsblog.com
‘Section 61 of the Trustee Act 1925 gives the court power to relieve from liability a trustee who has committed a breach of trust, if he: (i) acted honestly and reasonably; and (ii) ought fairly to be excused for the breach.’
Hardwicke Chambers, 13th March 2014
Source: www.hardwicke.co.uk
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