Digital assets and crypto-assets

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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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Produced in partnership with Paul Davies of Clarke Willmott 12th Jan
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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9th Nov
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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9th Nov
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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9th Nov
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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Produced in partnership with Kate Davenport QC of Outer Temple Chambers and Adele Isaacs of Bankside Chambers 12th Jan
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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Produced in partnership with Vanessa Lovell Schrum and Caljonah Smith of Appleby, Bermuda 12th Jan
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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Produced in partnership with Mourant Ozannes and Carey Olsen 12th Jan
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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9th Nov
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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9th Nov
Practice notes
Duration of a trustThe duration of an express trust is subject to the restrictions imposed by the rules against remoteness of vesting and against the...
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9th Nov
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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9th Nov
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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9th Nov
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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9th Nov
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 12th Jan
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 12th Jan
Practice notes
Express creation of trustsA trust is constituted expressly where the owner of property (the truster) transfers property to trustees to hold for...
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Produced in partnership with Yvonne Evans, Law Lecturer, Solicitor (non-practising), TEP, University of Dundee 12th Jan

Most recent Digital assets and crypto-assets content

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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Produced in partnership with Kerry Bornman of 3 Stone Buildings, Erin Hitchens of XXIV Old Buildings and Robert Avis of Charles Russell Speechlys 25th Jan
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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22nd Jan
Precedents
We take your privacy very seriously. Please read this privacy notice carefully as it contains important information on who we are and how and why we...
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19th Jan
Precedents
We take your privacy very seriously. Please read this privacy notice carefully as it contains important information on who we are and how and why we...
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19th Jan
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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18th Jan
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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17th Jan
Practice notes
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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Produced in partnership with Peter Wright of Digital Law 15th Jan
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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Produced in partnership with James Brockhurst of Forsters LLP 15th Jan
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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Produced in partnership with Adam Carvalho, Owen O'Rorke and Alan Baker of Farrer & Co 15th Jan
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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Produced in partnership with Etienne Wong of Old Square Tax Chambers 15th Jan
Practice notes
On 31 January 2020, the UK ceased to be a member of the EU and EEA. This Practice Note introduces:•the General Data Protection Regulation, Regulation...
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14th Jan
Practice notes
On 31 January 2020, the UK ceased to be a member of the EU and EEA. Given the extensive data flows between the EEA and UK, equivalent EEA data...
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Produced in partnership with Pillsbury Winthrop Shaw Pittman LLP 14th Jan
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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11th Jan
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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Produced in partnership with Adam Carvalho, Owen O'Rorke and Alan Baker of Farrer & Co 8th Jan
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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Produced in partnership with Kerry Bornman of 3 Stone Buildings 8th Jan
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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Produced in partnership with Kerry Bornman of 3 Stone Buildings 8th Jan
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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29th Nov
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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29th Nov
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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29th Nov
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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29th Nov

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