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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

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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