Private Wealth and Trust Disputes Notes

APAC Monthly Private Wealth Legal Developments - July 2020

Welcome to Herbert Smith Freehills' new monthly private wealth industry updates in Asia. Every month we survey ten Asian jurisdictions for legal …

APAC Monthly Private Wealth Legal Developments - June 2020

Welcome to Herbert Smith Freehills' new monthly private wealth industry updates in Asia. Every month we survey ten Asian jurisdictions for legal …

REGULATORY COMPLIANCE IN FOCUS

High Court offers sympathy but no remedy to trustee facing unexpected tax bill

In Mackay v Wesley [2020] EWHC 1215 (Ch), the Claimant, who was instructed by her father to become a trustee of a family trust as part of a tax scheme, …

ANTI-MONEY LAUNDERING IN FOCUS

Tax Treaty Interpretation: The Limits of Fiction

In Fowler v HMRC [2020] UKSC 22, the Supreme Court determined that a statutory fiction created by a deeming provision of UK tax law did not affect how …

Cyber security in focus

APAC Monthly Private Wealth Legal Developments - May 2020

Welcome to Herbert Smith Freehills' new monthly private wealth industry updates in Asia. Every month we survey ten Asian jurisdictions for legal …

HSF TRUST COMPANIES SURVEY - TAX INSIGHTS

GROWING BODY OF COMMON LAW DECISIONS THAT CRYPTOCURRENCIES CAN AMOUNT TO PROPERTY: RUSCOE v CRYPTOPIA LIMITED (IN LIQUIDATION) CIV-2019-409-000544 [2020] NZHC 728

On 8 April 2020, the High Court of New Zealand issued a judgment concluding that cryptocurrencies are a species of intangible personal property capable …

Rapid resolution of domicile disputes: be careful what you wish for

In Henkes v HMRC [2020] UKFTT 7645 (“Henkes”), the First-tier (Tax) Tribunal (“the Tribunal”) held that (a) it could (and would) determine the taxpayer’s …

Trust Survey – the data privacy angle