A recent decision of the High Court clarified that where a beneficiary of a will predeceases the testator and the gift vests in the beneficiary’s children under s. 33 of the Wills Act 1837, those children take the gift subject to the same condition subsequent that would have bound the beneficiary. The ruling also confirmed … Read more
The Financial Action Task Force (FATF) published updated guidance in relation to the Risk Based Approach (RBA) for Trust and Company Service Providers (TCSPs) on 26 June 2019 (the Guidance). A copy of the Guidance can be found here. The Guidance has been developed to assist TCSPs professionals, practitioners with TCSPs as customers, and countries … Read more
The Supreme Court has held that the requirement to show “serious harm” under section 1(1) of the Defamation Act 2013 (the “2013 Act“) not only raises the threshold of harm which must be proved but also requires its application to be determined by reference to actual facts regarding the impact of the statement and not … Read more
Welcome to the new look Herbert Smith Freehills Private Wealth and Trust Disputes Blog. Our blog has recently been updated with a new design. As well as a new look, the subscription process of our blog has recently been updated. Our blog now offers the opportunity to choose what jurisdictions/categories you want to receive alerts … Read more
On 20 July 2018, the Australian Treasury released Exposure Draft legislation to extend the definition of a significant global entity (SGE). As a result, the extended definition of an SGE may include members of large private groups headed by unlisted companies, trusts (including discretionary trusts), partnerships or other investment vehicles. This will have wide ranging … Read more
Herbert Smith Freehills LLP is pleased to announce that we are holding a Private Wealth Seminar at lunchtime on 10 July 2018 in Jersey. The seminar will be considering the current and future focus of HMRC in connection with estate planning and key issues arising when tax and other professional advice goes wrong. Topics covered will include: Penalties … Read more
In Clark v Cottingham [2018] NZHC 773, the New Zealand High Court considered an oral and without notice application for an interim order to prevent a cremation which was to be held in the afternoon on the same day of the hearing. The Court granted the order in terms, deciding that there was a serious … Read more
Herbert Smith Freehills’ highly regarded private wealth team has been boosted by the promotion of Joanna Caen and Gareth Keillor to Partner and Of Counsel respectively. HSF’s private wealth team specialises in trusts, estates, charities, family company and mental capacity issues. It frequently collaborates with other specialists across the firm including real estate, tax, funds … Read more
