TY - JOUR
AB - Articles The legitimacy of tax planning Nicholas Jacob As governments continue to blur the distinction between tax avoidance and tax evasion and even money laundering and to characterize tax avoidance as immoral, is the perceived right of every citizen legitimately to minimise the amount of tax he or she pays being eroded? And might these efforts, and increasing tax rates, have the unintended consequence of actually damaging ‘onshore’ economies? In defence of the rule in Re Hastings-Bass Michael J. Ashdown The so-called rule in Re Hastings-Bass has developed rapidly in the courts in recent years, but the true basis for the rule has not yet been properly explored. This article seeks to demonstrate that while the application of the rule in the courts may well have gone too far, it does have a legitimate foundation in some of the core principles of English trust law. Once its doctrinal nature is understood, the worst excesses of the rule can be curbed in a manner which is both pragmatic and principled. Setting aside a trust on the ground of mistake—the jersey law perspective Robert MacRae and Victoria Connolly There have been three cases in Jersey in the last nine months in which a Jersey law trust or disposition into trust was set aside on the basis of a mistake by the settlor. This article examines each in turn and the implications. Case notes First Guernsey case on trusts and mistake: Arun Estate Agencies Limited v Kleinwort Benson (Guernsey) Trustees Limited, Royal Court of Guernsey, 7 April 2010 St John A. Robilliard The setting aside of a trust on the grounds of mistake was the back drop for a number of subsidiary points of interest. Acquiring a beneficial interest by imputation: Hapeshi v Allnatt [2010] EWHC 392 (Ch) Ryan Hawthorne A question that has vexed trust lawyers is whether Stack v Dowden applies to the acquisition of a beneficial interest of a family home, or merely applies to the quantification of an existing beneficial interest. Hapeshi v Allnatt is a case where at the start of the story there is no express agreement, no contribution to the purchase price and no mortgage payments. However, at the end of the story, there is a 25 per cent beneficial share in the family home. I will consider whether the House of Lords intended Stack v Dowden to apply to the acquisition of a beneficial interest and whether it was so applied in Hapeshi v Allnatt. Recently published tax rulings enliven trusts in Belgium: Ruling 900.189 (7 July 2009), Ruling 700.112 (8 December 2009) and Ruling 900.329 (22 December 2009) Anton R. van Zantbeek The effect of recent tax rulings on the taxation of private foundations, marital trusts and irrevocable discretionary trusts in Belgium. Publication of Chambers rulings in trust cases: Guardian Limited v Bermuda Trust Company Limited [2009] SC (Bda) 54 Civ (1 December 2009) Fozeia Rana-Fahy For the first time, the Supreme Court of Bermuda has had the opportunity of considering restriction of publication of Chambers rulings in trust law cases and the importance of protecting the privacy of trust litigants in this offshore domicile. The case concerned the interpretation of a trust deed clause excluding spouses and whether this affected a widow from being added to the list of beneficiaries. In focus: Comparing jurisdictions—answers to common problems During 2010, this section has been looking at key questions that busy practitioners face in daily practice. It is designed to help keep pace with rapid changes going on in the world of trusts. The question and answer format is designed to facilitate comparison across jurisdictions. The questions cover law and practice in relation to trusts and foundations and extend to related regulatory and company law issues. In this issue, we are fortunate to include answers from Israel. Our aim is has been to include most leading onshore and offshore jurisdictions in issues throughout the course of this year. Israel Alon Kaplan Book review Civil jurisdiction and judgments Reviewed by Jonathan Harris © The Author (2010). Published by Oxford University Press. All rights reserved.
TI - In brief
JF - Trusts & Trustees
DO - 10.1093/tandt/ttq111
DA - 2010-11-01
UR - https://www.deepdyve.com/lp/oxford-university-press/in-brief-tkNIWZLWvi
SP - 806
EP - 807
VL - 16
IS - 10
DP - DeepDyve
ER -