Private Wealth and Trust Disputes Notes

Trust Survey – reputational risk for clients being associated with structures in offshore jurisdictions

Trusts gains of foreign residents

In summary A recent Federal Court decision has put a major stumbling block in the path of non-resident beneficiaries of Australian discretionary trusts. …

Beneficiary Disputes in focus

Introducing the Herbert Smith Freehills Trust Companies Survey: Navigating Troubled Waters

COVID-19: Pressure Points: Summary of Key Support And Guidance for Charities and Social Enterprises (UK)

This note sets out a high-level summary of key announcements regarding funding, support, and guidance available for social enterprises and charities as …

Court of Appeal finds trustees not entitled to withhold certain privileged documents in response to subject access request from beneficiaries of Bahamian trust

In the most recent chapter of the Dawson-Damer trust litigation, the Court of Appeal has held that a law firm acting for the defendant trustee in the …

APAC Monthly Private Wealth Legal Developments - April 2020

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

Court considers the will of the judge who created the ‘Golden Rule’

GOSS-CUSTARD & ANOR V TEMPLEMAN & ORS [2020] EWHC 632 (CH) Following a seven-day trial, judgment was handed down on 28 January 2020 upholding …

HMRC GUIDANCE ON STATUTORY RESIDENCE TEST AND COVID-19

HMRC has updated its guidance on the Statutory Residence Test (“SRT”) to extend the exceptional circumstances exception to cover COVID-19. When …

APAC Monthly Private Wealth Legal Developments - March 2020

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

Guernsey Court of Appeal allows a beneficiary to terminate a trust and receive the trust assets, despite there being a power to appoint further beneficiaries under the trust deed

The case of Rusnano Capital AG (in liquidation) v Molard International (PTC) Limited and Pullborough International Corp [2019] GRC 011 concerns a …

Lloyd-Webber v HMRC: Music to off-plan investors' ears?

In a decision that will be a welcome source of comfort for investors in potentially risky off-plan property developments, the First-tier Tribunal (Tax) …