Private Wealth and Trust Disputes Notes

Recent English Court of Appeal decision in relation to scope of fiduciary duty in a "secret commissions" case

In a recent decision, the English Court of Appeal has found that there was no breach of fiduciary duty where the amount of commission received by a …

New look Private Wealth and Trust Disputes Blog

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 …

Confusion in the English High Court over out of time Inheritance Act claims

The English High Court has recently issued two apparently inconsistent judgments in relation to out of time claims brought under the Inheritance …

Two recent cases on Beddoe relief: What happens if you forget to apply and Beddoe relief for appeals

Where there's a certified copy Will, there's a way? English High Court admits certified copy Will to probate, despite dispute about whether the will-maker had revoked it

In Blyth v Sykes [2019] EWHC 54 (Ch), the English High Court decided that an estate would be administered in accordance with a certified copy of the …

Australian Taxation Office targets investors seeking to adopt capital gains tax treatment on sale of shares

Australian Treasury's proposed extended significant global entity definition may include trusts

On 20 July 2018, the Australian Treasury released Exposure Draft legislation to extend the definition of a significant global entity (SGE). As a result, …

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 …

ENGLISH HIGH COURT FINDS TRUSTEES WHO RESISTED A CLAIM FOR THEIR REMOVAL NOT ENTITLED TO COSTS FROM THE ESTATE

TAXING PRIVATE TRUSTS IN AUSTRALIA - A MOVING TARGET

The Australian revenue authorities have been very active recently issuing judgments, making pronouncements and intensifying enforcement activity, all …

Circular trust resolutions – family trusts to be taxed at 47% by Australian Government

Following on from the Australian Government’s announcement in the 2018-19 Budget, an Exposure Draft entitled Treasury Laws Amendment (Measures for a …

NEW ZEALAND SOLICITOR/EXECUTOR CAUSES MISTAKE WHICH LEADS TO COURT PROCEEDINGS – IS HE LIABLE FOR THE COSTS?

In Crawford v Phillips [2018] NZCA 351, the New Zealand Court of Appeal decided that, notwithstanding one of the executors of an estate may have made a …