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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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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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