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Tax analysis: In HMRC v Healthspan Ltd, the Upper Tribunal (UT) allowed HMRC’s appeal relating to the extent to which a supplier of food supplements...
Private Client analysis: The High Court held that an adult daughter was entitled to reasonable financial provision under the Inheritance (Provision...
This week’s edition of Private Client highlights includes: (1) analysis of Townsend v Epsom, an important decision concerning the Mental Capacity Act...
This Q&A looks at whether the trusteeship of a will trust vests in the personal representatives under section 18(2) of the Trustee Act 1925 where the...
Nature and classification of trusts—the three certaintiesCertaintyIn order for a settlor to create a private express trust the three certainties must...
ProtectorsWhat is a protector?A protector is a person who holds powers under a trust but who is not a trustee. A protector is a person who is...
Preparing the application form PA1P/PA1A for probate or letters of administrationFORTHCOMING CHANGE: The postal application forms PA1P and PA1A for...
Administration actions—personal representatives and the deceased's liabilitiesAn individual may assume obligations, for example in respect of...
Strict settlementsWhat is a strict settlement?A strict settlement is a settlement of land falling under the Settled Land Act 1925 (SLA 1925).Some strict settlements are in an elaborate form that was evolved by lawyers over hundreds of years as a convenient way of holding a family’s landed estate.
Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a
Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid
Can shares in a limited company that have not been paid-up at all be cancelled?A limited company having a share capital may not alter that share capital, except in the ways listed in section 617 of the Companies Act 2006 (CA 2006). Shares in a company cannot simply be cancelled without following an
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