Spouses, civil partners and cohabitants

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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 9th Nov
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
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 9th Nov
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 9th Nov
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
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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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 9th Nov
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 9th Nov
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 9th Nov

Most recent Spouses, civil partners and cohabitants content

Practice notes
Guarantees (see Practice Note: Guarantees) and third party security (see Practice Note: Third party security) from individuals are relatively common...
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25th Nov
Practice notes
Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
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19th Nov
Practice notes
Who has parental responsibility?At birth•where the parents were married to each other, or from 2 December 2019 civil partners of each other at the...
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17th Nov
Precedents
Date [insert date of deed in its full format DD-Month-Year]Parties1[insert full name of Trustee] [incorporated in England and Wales with company...
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13th Nov
Practice notes
This Practice Note provides guidance on case law in relation to claims under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996),...
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9th Nov
Practice notes
This Practice Note sets out the tax implications of marriage and civil partnership and the rules that apply in relation to income tax, capital gains...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 9th Nov
Practice notes
This Practice Note sets out the tax implications to be considered on relationship breakdown, ie separation, divorce or dissolution, including income...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 9th Nov
Practice notes
Part 7 or Part 8?Prior to April 2007, the practice direction to CPR 8 provided that where before 26 April 1999, a claim in the High Court was begun by...
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9th Nov
Q&As
For guidance on the appointment of trustees, see Practice Note: Trustees—appointment of trustees.See Practice Note: Trust disputes—trustees' removal...
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6th Nov
Q&As
By section 3 of the Children Act 1989, 'parental responsibility' means all the rights, duties, powers, responsibilities and authority which by law a...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 4th Nov
Q&As
SeveranceThere would not be a problem with having severed the joint tenancy prior to the death of the deceased spouse. Severance can be effected in a...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 29th Oct
Practice notes
Severance is the process by which a joint tenancy is converted into a tenancy in common. It is a matter of evidence whether severance has...
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23rd Oct
Practice notes
This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners, inter alia, when...
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21st Oct
Q&As
The legal ownership of jointly owned property in England and Wales (though not Scotland) is always held as joint tenants. This means that when one...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 6th Oct
Practice notes
NOTE: This Practice Note is being reviewed in light of changes to Part 81 of the Civil Procedure Rules 1998 (CPR 1998) SI 1998/3132. With effect from...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 2nd Oct
Q&As
In England, jointly owned property is held in two ways. The legal ownership of the property is held by those who have registered title (or, in respect...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 29th Sep

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