Private wealth and trusts

International bank fined by Jersey court for “intermeddling” in assets of an estate

In a recent case in the Royal Courts of Jersey, a bank was fined for not obtaining the necessary authorisation before transferring the assets of a deceased client to a foreign court. This case serves as a useful reminder of … Continue reading

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Filed under Estates disputes, Private wealth and trusts, Wills

Unexplained Wealth Orders: How might this new investigative tool affect you?

From 31 January 2018, UK authorities can use new and expansive investigative powers to require both individuals and corporate bodies to provide information as to how they acquired property. Known as Unexplained Wealth Orders (“UWOs”), these new obligations to disclose … Continue reading

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Filed under Injunctions, Private wealth and trusts, Uncategorized

English Court considers grounds for out of time claims for financial provision from estates

In a recent decision, Sargeant v Sargeant [2018] EWHC 8 (Ch), the English High Court considered the circumstances in which the English Court will grant permission for out-of-time applications for financial provision from a deceased’s estate under the Inheritance (Provision … Continue reading

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Filed under Estates disputes, Private wealth and trusts, Wills

HIGH COURT RULES: HOMEMADE, UNCLEAR WILL IS VALID AND CREATES TRUST RATHER THAN ABSOLUTE GIFT

In the recent case of Vucicevic v Aleksic [2017] EWHC 2335 the High Court (Bristol District Registry) considered the rules relating to gifts in the context of homemade wills. The court concluded that instead of being an absolute gift, the … Continue reading

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Filed under Private wealth and trusts, Wills

ENGLISH HIGH COURT FINDS SETTLOR RETAINED BENEFICIAL OWNERSHIP

In the latest decision in the long running Pugachev dispute, the High Court considered the effect of five trusts set up by Mr Pugachev, and whether the trusts were shams. Birss J held that he would have been prepared to … Continue reading

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Filed under Private wealth and trusts, Trust disputes

Private Groups and Trusts under ATO scrutiny

The ATO in Australia continues to target privately owned and wealthy groups, with specific focus on groups with risky trust structures that exhibit characteristics of tax avoidance or evasion.

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Filed under Australia, Private wealth and trusts, Tax

Corporate tax rate cut – passive income exclusion

As part of the Australian Government’s Enterprise Tax Plan, the corporate tax rate has been reduced to 27.5 per cent for entities that satisfy the annual turnover threshold requirement, which applies progressively from $10 million in the 2016-17 income year … Continue reading

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Filed under Australia, Private wealth and trusts

HSF private wealth and tax disputes teams bolstered with a raft of new hires

Herbert Smith Freehills’ continued growth in the areas of tax disputes and private wealth has been reflected in a string of new lawyers joining the firm. James Rickards has joined the firm’s London office after 15 years’ practice as a … Continue reading

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Filed under Private wealth and trusts

When not to tell a beneficiary?

In a recently released judgment, In the matter of C Settlement [2017] JRC 035A, the Jersey Royal Court confirmed that, in principle, a trustee can withhold information from a beneficiary with capacity about his rights under a trust. However the … Continue reading

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Filed under Private wealth and trusts, Trust disputes

Richard Norridge has been named as a leading lawyer in the Citywealth Leaders List

We are delighted to announce that Richard Norridge, our Head of Trust & Estates Disputes and Head of Private Wealth – Asia, has been named as a leading lawyer in the Citywealth Leaders List.

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Filed under China, Hong Kong and Singapore, Private wealth and trusts, South East Asia