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23 May 2014 / Henrietta Mason , Paola Fudakowska
Issue: 7607 / Categories: Features , Wills & Probate
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Having the final say

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Henrietta Mason & Paola Fudakowska provide a wills & probate update

In Brooke v Purton (Huntley) [2014] EWHC 547 (Ch), [2014] All ER (D) 262 (Mar) Mr Huntley wished to leave his estate between his partner, and five children in equal shares. As his estate was substantial (mainly comprising a 90% shareholding in an unquoted company), he was concerned about the children’s ability to manage a large inheritance. In order to meet Huntley’s aims and concerns, his adviser, a 2-years’ qualified private client solicitor, suggested including Huntley’s business assets (which would benefit from business and agricultural property relief) in a discretionary trust which could be managed by the trustees.

 

In drafting the will, the solicitor included a clause establishing a nil rate band discretionary trust which she had adopted wholesale from the firm’s precedent library. However, she overlooked the fact that, whereas a nil rate band discretionary trust was usually used in conjunction with gifting to an exempt beneficiary, in this case there was no spouse and a number of

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NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
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