Trusts Newsletter – Summer 2023

A digest of some interesting cases over the last 6 months:-

  • Trusts
  • Tax
  • Wills
  • Probate

PROBATE, WILLS – Boult v. Rees [2023] EWHC 147 (Ch)

The evidence of an experienced Solicitor was held to provide ‘only limited support’ in assessing testamentary capacity where there was no contemporaneous attendance note.

TAX, TRUSTS – Hall [2023] UKFTT 00032 (TC)

The First Tier Tribunal held that no Interest-in-Possession trust arises over the house where the estate assets, apart from the house in question, are insufficient to pay the Inheritance Tax, but the beneficiaries choose to pay the tax personally and retain the house as an investment.

PROBATE, WILLS – Naidoo v. Barton [2023] EWHC 500 (Ch)

The High Court found that a Mutual Wills agreement, in the absence of ‘any advice directed to or capable of ensuring that their wish to enter into such an agreement was in the exercise of their own free will’, should be set aside for undue influence.

TAX, TRUSTS – Pride [2023] UKFTT 00316 (TC)

A ‘loan note’ Inheritance Tax planning scheme failed before the First Tier Tribunal.

PROBATE, TRUSTS – Alizade v. Kublick [2023] EWHC 1082 (Ch)

The High Court dismissed ‘oppressive’ and ‘burdensome’ claims for an account of the administration of two estates and will trusts from an 89 year old trustee.

TRUSTS, TAX – Bhaur v. Equity First Trustees [2023] EWCA Civ 534

The Court of Appeal held that there was no mistake where the settlors ‘deliberately chose to implement what they knew to be a tax avoidance scheme [with]… a risk of failure’.

Read more about Magdalen Chambers here.