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17 May 2007 / Sarah Greer
Issue: 7273 / Categories: Features , Tax
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A last resort

Is gender bias inherent in the presumption of advancement? asks Sarah Greer

Recently, the Privy Council confirmed that the equitable concept of the presumption of advancement, seen by some as a legal anachronism, and described as a “judicial instrument of the last resort” (McGrath v Wallis [1995] 2 FLR 114, [1995] 3 FCR 661), has continued to survive well into the 21st century.

GIFT OR TRUST?

In Antoni v Antoni [2007] UKPC 10, [2007] All ER (D) 335 (Feb), the Privy Council decided that the presumption of advancement applied in a case where a father had transferred shares in the family business to his children. Dr Antoni’s widow, the children’s stepmother, argued that her husband had intended the children to hold the shares on trust for him. She relied on the evidence of Antoni’s will, which left the whole shareholding of the company to her.

At first instance, although it was raised in submissions, the judge ignored the presumption of advancement entirely. He found for the widow, on the grounds that the children had

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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

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