Digital assets and crypto-assets

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Practice notes
An offshore trust is any non-UK resident trust. The liability of trustees of an offshore trust to UK inheritance tax (IHT) is not dependent on the...
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Produced in partnership with Jenny Wilson-Smith and Emma Haley of Boodle Hatfield 14th Oct
Practice notes
Liferent trustsA liferent trust (or trust liferent) is a trust which, when settled, confers a use and income benefit, or both, in the trust property...
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Produced in partnership with Peter Murrin of Turcan Connell 13th Oct
Practice notes
The term 'relevant property' defines a category of trust property which is subject to a special regime for inheritance tax (IHT). As described in...
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26th Sep
Practice notes
Offshore income gains (OIGs) are gains realised on the disposal of interests in offshore funds which are either:•non-distributor offshore funds, or...
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26th Sep
Precedents
This Deed of Appointment is made on [date] by [trustee] of [address] and [trustee] of [address] (the Trustees).Background(A)This Deed is supplemental...
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26th Sep
Precedents
This partial deed of revocation is made on [date] by [donor] of [address].1I granted a Lasting Power of Attorney for [Financial Decisions/Health and...
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26th Sep
Practice notes
A trust is formed either by lifetime gift or on death when a person (the settlor) transfers assets to another person or persons (the trustees) to hold...
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Produced in partnership with Mourant Ozannes and Carey Olsen 26th Sep
Practice notes
When you advise an individual on cross-border issues or offshore tax planning, it is important to establish the 'situs' (ie location) of the assets...
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25th Sep
Practice notes
On the face of it, there would appear to be no specific impediment, if there is no reason to suppose that a person is without capacity, in them...
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25th Sep
Practice notes
Where a beneficiary either:•is a minor (ie under the age of 18) and unmarried or•has attained majority or has married under that date but is required...
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25th Sep
Practice notes
This Practice Note provides guidance on Cayman Islands STAR trusts. For general information about the Cayman Islands, see Practice Note: Private...
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25th Sep
Practice notes
This Practice Note outlines Bermuda trust law and focuses upon its unique features and recent reforms, such as Bermuda's regime for private trust...
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25th Sep
Practice notes
Trust litigation has been classified as being of three types:•a dispute as to the trusts on which trustees hold the subject matter of the settlement•a...
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25th Sep
Practice notes
The issue of sham is most likely to be raised by the settlor's creditors or former spouse if the settlor is involved in matrimonial proceedings, who...
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25th Sep
Practice notes
When trustees are engaged in trust litigation, issues often arise as to how their litigation costs are to be funded. A Beddoe application is the best...
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25th Sep
Practice notes
Duty to distribute to the correct beneficiariesOn the termination of the trust, the trustees are under a duty to distribute the trust assets to the...
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25th Sep

Most recent Digital assets and crypto-assets content

Precedents
I hereby declare that 1 at the date of this my will I have signed and dated and deposited with my solicitors a sealed memorandum...
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26th Sep
Precedents
I appoint [full name of first executor] of [full address of first executor] and [full name of second executor] of [full address of second executor]...
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26th Sep
Precedents
[To my Attorney(s) named in my EPA/LPA dated ……..AND/ORTo the (Digital) Executor(s) of my Will dated ………]ItemAccess information—eg email address,...
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26th Sep
Precedents
Produced in partnership with Kerry Bornman of 3 Stone Buildings 1 Digital Assets means an electronic record in which an...
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26th Sep
Precedents
THIS POWER OF ATTORNEY is made on [date] by [name of donor] of [address of donor].1AppointmentI appoint [[name of attorney] of [address of attorney]...
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26th Sep
Practice notes
Cryptoassets, exchange tokens, utility tokens and security tokensIt started with Bitcoin (see below). An avalanche of other non-traditional currencies...
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26th Sep
Practice notes
STOP PRESS: On 11 March 2020, the Court of Appeal issued a judgment allowing both appeals in the Dawson-Damer v Taylor Wessing LLP case as to (1)...
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26th Sep
Practice notes
STOP PRESS: On 11 March 2020, the Court of Appeal issued a judgment allowing both appeals in the Dawson-Damer v Taylor Wessing LLP case as to (1)...
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26th Sep
Practice notes
Digital assets can survive incapacity or death. Anyone who owns a digital device or has an online account should have a plan for dealing with that...
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26th Sep
Practice notes
BREXIT IMPACT: As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...
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26th Sep
Practice notes
What are cryptoassets?One of the hurdles in relation to understanding non-traditional currencies and assets lies in the inconsistent use of language....
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27th Sep
Practice notes
This Practice Note explains the phenomenon of ‘cryptoassets’, namely assets which are issued using distributed ledger technology, alternatively known...
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27th Sep
Q&As
The executor is likely to have the power to access the deceased’s computer pursuant to their powers and duties as administrator, including those set...
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28th Sep
Practice notes
Brexit: On 31 January 2020, the UK ceased to be an EU Member State and entered an implementation period, during which it continues to be subject to EU...
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Produced in partnership with Pillsbury Winthrop Shaw Pittman LLP 28th Sep
Q&As
Considerations in respect of the deceased person's estateAlthough there are certain assets which do not require a grant of probate or...
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28th Sep
Q&As
The EU General Data Protection Regulation (GDPR) comes into force in the UK on 25 May 2018 and it applies to persons/organisations that handle...
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28th Sep
Q&As
Who do the emails in the inbox belong to?The court considered this question in the recent case of Fairstar Heavy Transport NV v Adkins where a...
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28th Sep
Practice notes
This Practice Note discusses the impact of Brexit on the general processing of personal data under the General Data Protection Regulation, Regulation...
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16th Oct
Practice notes
Brexit: The Retained General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) regime described in this Practice Note is the UK...
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16th Oct
Precedents
BREXIT: The Retained Regulation (EU) 2016/679 (UK GDPR) regime will replace the General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR)...
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19th Oct

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