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Australian Board of Taxation reviews residency test for individuals
On 9 July 2018, the Board of Taxation (the "Board") released its self-initiated report ‘Review of the Income Tax Residency Rules for Individuals’ (the …
English High Court considers scope of beneficiaries right to request information from trustees
In the recent case of Lewis v Tamplin ([2018] EWHC 777 Ch) the London High Court was asked to exercise its jurisdiction to supervise trustees in the …
Herbert Smith Freehills Private Wealth Seminar - Jersey, 10 July 2018
Herbert Smith Freehills LLP is pleased to announce that we are holding a Private Wealth Seminar at lunchtime on 10 July 2018 in Jersey. …
New Zealand Court of Appeal grants reverse summary judgment in claims for dishonest assistance against solicitor
In McKay & Ors v Sandman [2018] NZCA 103, the New Zealand Court of Appeal granted a claim for summary judgment in relation to claims brought on the …
NEW ZEALAND COURT GRANTS INTERIM ORDER TO PREVENT CREMATION AFTER WEIGHING BALANCE OF CONVENIENCE
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 …
HONG KONG COURT OF APPEAL REAFFIRMS NATURE OF BEDDOE APPLICATIONS
The Court of Appeal in Hong Kong has recently reaffirmed the nature of the Beddoe jurisdiction in Jong Yat Kit (as Sole Administrator of the Estate of Li …
Cayman court rejects request to appoint receivers over a discretionary trust interest
The Grand Court of the Cayman Islands has held that a discretionary interest under a Cayman Islands law trust is not an asset over which a receiver can …
ENGLISH HIGH COURT CONSIDERS THE USE OF THE COURT'S EQUITABLE JURISDICTION TO REMEDY DEFECTIVE EXECUTION
In the recent High Court decision of English v Keats [2018] EWHC 637 (Ch), the Court confirmed that it will use its equitable jurisdiction to remedy the …
HSF Private wealth team boosted by three promotions
Herbert Smith Freehills' highly regarded private wealth team has been boosted by the promotion of Joanna Caen and Gareth Keillor to Partner and Of …
REASONABLE FINANCIAL PROVISION CLAIM TRUMPS FINAL WILL EXCLUDING COHABITANT FROM THE ESTATE
The High Court of England and Wales has upheld a claim by a cohabitant of 42 years under the Inheritance (Provision for Family and Dependants) Act 1975 …
Personal representative liable for inheritance tax on fully distributed estate
The First-tier Tax Tribunal ("FTT") has provided a valuable reminder in the case of Harris v HMRC [2018] UKFTT 204 that, with limited …
Cayman Islands court considers legal test for mental capacity in exercise of a legal power
The Grand Court of the Cayman Islands recently confirmed In the Matter of the O Trust (23 February 2018) that the legal test for establishing mental …
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Richard Norridge
Partner, Head of Private Wealth and Charities, UK and EMEA, London
Anna Sutherland
Partner, Sydney