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IHT on devise where residuary beneficiaries include charities

@g.wakeley wrote: I am acting in a taxable estate with mixed exempt and non-exempt residuary beneficiaries. There is a specific gift of property which is free of tax under the Will. I would be...

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Treatment of joint accounts

@sedelstyn wrote: I am dealing with an estate where the Wife (deceased) and husband held a joint account but the monies held in the account belonged solely to the husband. Would I have to include the...

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Exercise of powers generally and powers of amendment

@nicholas_lepoidevin wrote: Shannan v Viavi Solutions UK Ltd [2016] EWHC 1530 (Ch) is a recent decision covering a number of points on powers generally and on powers of amendment in particular....

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Inheritance Act - what is "maintenance"?

@nicholas_lepoidevin wrote: A novel point on the I(PFD)A 1975 has been decided in Lewis v. Warner [2016] EWHC 1787 (Ch). An elderly cohabitant survived his partner; he was comfortably off but, not...

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Recommendation needed for contention estate in Ivory Coast

@emma_jane wrote: Please can anyone recommend someone (whether a STEP member or not) to act in a potentially contentious matter relating to an estate in the Ivory Coast? We believe the deceased held...

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Taxation of Trusts in Switzerland

@david_wilson wrote: The Geneva Court of Appeal published a judgment concerning the Swiss Federal Taxation of Trusts Circular. It held that, despite a certain regularity of distributions, a trust...

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Pitt v. Holt in the Isle of Man

@nicholas_lepoidevin wrote: AB v CD, unreported, June 30, 2016 (I.o.M. High Court), considers the remedies available under Manx law when a trustee of some Manx trusts had ineptly granted call options...

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Assessing trustee's litigation costs

@nicholas_lepoidevin wrote: Suppose trustees sue a third party, such as an investment adviser for negligence or someone who has caused damage to trust land. They win and get an order for costs against...

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Only receiving summary emails and not individual posts?

@Tom_M_STEP wrote: You can change the frequency and type of STEP Forum emails that you are receiving by changing the email settings on your Preferences page. The Preferences page can be accessed (once...

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Bare Trusts for Minors and Court Directions

@devon_fadlin wrote: Would the Court of Protection need to approve the setting up of a Bare Trust to hold the damages award for a minor with mental capacity? If so, what is the procedure for the...

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Trust confidentiality and data protection

@nicholas_lepoidevin wrote: In Dawson-Damer v. Taylor Wessing [2017] EWCA Civ 74 the Court of Appeal allowed in principle beneficiaries of a Bahamian trust to pursue a ‘subject access request’ under...

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Argentina: Tax Amnesty Program and Voluntary Disclosure

@carlosfitte wrote: The deadline for applying for the Argentine Tax Amnesty is 31st of March 2017. It is a great opportunity to regularize the tax situation of all Argentinean tax residents against...

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Commentary on NZ Trust Law

@mlindley wrote: For anyone interested in Antipodean trusts law, I recommend signing up to the blog maintained by our new SIG Committee member, Vicki Ammundsen TEP -...

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New Probate decision

@richarddew wrote: A new probate claim: http://www.bailii.org/ew/cases/EWHC/Ch/2017/769.html I acted for the Claimants in this matter. The very long judgment does not make any new law but readers may...

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Making a profit from a fiduciary role

@nicholas_lepoidevin wrote: Tang v Tang [2017] HKCFA 3 is a recent decision in Hong Kong on making a profit from a fiduciary role. Lord Millett gave the lead judgment and it will be authoritative...

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Schmidt disclosure in New Zealand

@nicholas_lepoidevin wrote: Erceg v. Erceg [2017] NZSC 28 is a recent decision - judgment was given in March 2017 - containing a full discussion of the principles laid down in Schmidt v. Rosewood...

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Non Dom taxation

@hazelevans1 wrote: If a British Citizen lives and works abroad permanently, is he still considered non-domicile if he has any of the following? State pension rightsMake DSS contributions for access...

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Powers of an Executor

@nickplumb wrote: Can an investment company or bank be compelled to do what an executor of a Will has asked them to do? (Assuming it is a reasonable request). I am administering the estate of the late...

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Issue vs Issue of the body

@kedia_del wrote: I am seeking help in locating cases dealing with the meaning of "issue" and "issue of the body". I doing a matter dealing with definition of child of an intestate deceased, set to...

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When a foreign testamentary trust involves a property in China

@jasontian78 wrote: As I deal with quite a number of matters of inheritance by foreigners of estates in China, a few cases in which clients from Anglo-Saxon jurisdictions such as Canada and USA...

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