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Enforceability of UK judgments in the event of a No Deal Brexit: A worrying development

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Brexit no deal—impact on civil cases

The following Dispute Resolution news provides comprehensive and up to date legal information on Brexit no deal—impact on civil cases

How to approach and interpret retained EU law—a practical guide

The following Employment news provides comprehensive and up to date legal information on How to approach and interpret retained EU law—a practical guide

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Notaries and notarisation—notarisation

The principles of the notarial act are that it is:•an act of the notary and not of the parties named in the document•a record of a fact, event or...

Creation of trusts—blind trusts

What is a blind trust?A blind trust is a trust that is aimed at preventing conflicts of interest arising. Usually, the settlor and beneficiary of the...

Nature and classification of trusts—the three certainties

CertaintyIn order for a settlor to create a private express trust the three certainties must be present, namely:•certainty as to the intention of the...

Lifetime gifts

A lifetime gift is a gratuitous transfer of ownership of any property between living persons and not made in expectation of death. In contrast, gifts...

Practice notes

The meaning of relevant property

The term 'relevant property' defines a category of trust property which is subject to a special regime for inheritance tax (IHT). As described in...

Produced in partnership with Paul Davies of Clarke Willmott 12th Jan

Practice notes

Capacity to litigate

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...

9th Nov

Practice notes

Trust disputes—sham trusts

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...

9th Nov

Practice notes

What is an offshore trust?

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...

Produced in partnership with Mourant Ozannes and Carey Olsen 12th Jan

Practice notes

Beddoe applications

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...

Produced in partnership with Kate Davenport QC of Outer Temple Chambers and Adele Isaacs of Bankside Chambers 12th Jan

Practice notes

Bermuda trusts

This Practice Note outlines Bermuda trust law and focuses upon its unique features and recent reforms, such as Bermuda's regime for private trust...

Produced in partnership with Vanessa Lovell Schrum and Caljonah Smith of Appleby, Bermuda 12th Jan

Practice notes

Cayman Islands STAR trusts—common uses

This Practice Note provides guidance on Cayman Islands STAR trusts. For general information about the Cayman Islands, see Practice Note: Private...

Produced in partnership with Mourant Ozannes and Carey Olsen 12th Jan

Practice notes

Trust disputes—court jurisdiction and procedure

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...

9th Nov

Practice notes

Trustees—power of advancement

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...

9th Nov

Practice notes

Termination of trusts—methods of termination

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...

9th Nov

Precedents

Deed of appointment terminating discretionary trust

This Deed of Appointment is made on [date] by [trustee] of [address] and [trustee] of [address] (the Trustees).Background(A)This Deed is supplemental...

9th Nov

Practice notes

Situs of assets for succession and IHT

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...

9th Nov

Precedents

Partial deed of revocation of lasting power of attorney

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...

9th Nov

Practice notes

Liferent trusts—Scotland

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...

Produced in partnership with Peter Murrin of Turcan Connell 12th Jan

Scottish Law

Practice notes

UK taxation of offshore trusts—inheritance tax

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...

Produced in partnership with Jenny Wilson-Smith and Emma Haley of Boodle Hatfield 12th Jan

Practice notes

Creation of trusts in Scotland

Express creation of trustsA trust is constituted expressly where the owner of property (the truster) transfers property to trustees to hold for...

Produced in partnership with Yvonne Evans, Law Lecturer, Solicitor (non-practising), TEP, University of Dundee 12th Jan

Scottish Law

Most recent International content

Practice notes

Legal opinions—property transactions

A legal opinion should be obtained in respect of any property transaction in England and Wales entered into with an overseas company; for example, the...

20th Jan

Practice notes

Emigration of trusts—UK exit charges and post-emigration UK tax considerations

BREXIT—end of the implementation period: This Practice Note contains references to EU derived domestic legislation (preserved legislation). As of exit...

Produced in partnership with Paul Davies of Clarke Willmott 20th Jan

Practice notes

UK employment tax issues for cross-border employment

Given the ever increasing global mobility of employees, employers could be regularly required to understand and comply with numerous legislative...

Produced in partnership with Darren Oswick of Simmons & Simmons 20th Jan

Practice notes

Non-residents and tax on chargeable gains from 6 April 2019—gains and UK immovable property

FORTHCOMING CHANGE relating to property rich collective investment vehicles and certain investors: HMRC consulted until 16 December 2020 on draft...

20th Jan

Practice notes

Transfer of Assets Abroad—EU Defence

Transfer of Assets Abroad CodePart 13, Chapter 2 of the Income Tax Act 2007 (ITA 2007) contains a key UK anti-avoidance mechanism known as the...

Produced in partnership with James Quarmby of Stephenson Harwood 20th Jan

Practice notes

Execution of contracts—jurisdictional guide

This guide sets out the requirements for executing simple contracts in various international jurisdictions. The table provides a quick-reference...

Produced in partnership with Diego Krischcautzky of Marval, O'Farrell & Mairal. 19th Jan

In-house

Practice notes

Execution of deeds—jurisdictional guide

This guide sets out the requirements for executing deeds in various international jurisdictions. The table provides a quick-reference summary of the...

Produced in partnership with Diego Krischcautzky of Marval, O’Farrell & Mairal 19th Jan

Practice notes

E-signatures—jurisdictional guide

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Diego Krischcautzky and Diego Fernández of Marval, O’Farrell & Mairal 19th Jan

In-house

Practice notes

Domicile and habitual residence

11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU....

Produced in partnership with David Salter, deputy High Court judge and Recorder 19th Jan

In-house

Practice notes

International pension transfers

CORONAVIRUS (COVID-19) UPDATE: Through Pension Schemes Newsletter 118 and Pension Schemes Newsletter 121, HMRC announced that it will cancel penalties...

Produced in partnership with Sean McNulty of Blake Morgan 19th Jan

Practice notes

Unexplained Wealth Orders—UWOs

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Leon Kazakos QC of 2 Hare Court 19th Jan

Practice notes

Transfer of assets abroad code—motive defence

Part 13, Chapter 2 of the Income Tax Act 2007 (ITA 2007) contains key UK anti-avoidance provisions known as the transfer of assets abroad code (TAA...

Produced in partnership with James Quarmby of Stephenson Harwood 19th Jan

Practice notes

When a company is UK tax resident

A company is UK tax resident if it is:•incorporated in the UK (subject to exceptions), or•centrally managed and controlled in the UKprovided it is not...

18th Jan

Practice notes

Disclosable cross-border tax arrangements—DAC 6

FORTHCOMING CHANGE: As described in this Practice Note, the scope of the UK’s disclosable arrangements rules was significantly reduced with effect...

18th Jan

In-house

Practice notes

The beneficial ownership register of overseas entities that own UK property

Corporate transparency is now viewed as an essential element in any strategy aimed at reducing or eliminating corruption, tax evasion, terrorist...

18th Jan

Practice notes

Non-EEA nationals—permission to enter and work in the UK

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

18th Jan

Practice notes

EEA nationals—rights

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

17th Jan

Practice notes

Money Laundering Directive 4 (MLD4)—essentials

Brexit: 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 has...

17th Jan

Practice notes

The risks of cryptoassets from a financial crime, money laundering and terrorist financing perspective

What are cryptoassets?One of the hurdles in relation to understanding non-traditional currencies and assets lies in the inconsistent use of language....

17th Jan

Practice notes