header-logo header-logo

17 October 2018
Issue: 7813 / Categories: Legal News , Pensions
printer mail-detail

Pension benefits

A transfer of funds to a personal pension plan is a transfer of value for inheritance tax purposes, the Court of Appeal has held. In HMRC v Parry [2018] EWCA Civ 2266, Mrs Staveley (deceased) had received a share of her ex-husband’s company pension fund after an acrimonious divorce.

She transferred the fund into what was then known as a ‘section 32 buyout’, which gave the advantage of a purchase exemption. Six years later, in 2006, Mrs Staveley transferred her fund into a personal pension plan. She died less than two months later.

If the pension had remained in the section 32 policy then a lump sum would have been payable to her estate and inheritance tax levied. Under the personal pension plan, Mrs Staveley’s two sons would receive the benefit direct on her death and, if the purchase exemption applied, there would be no inheritance tax to pay.

Allowing HMRC’s appeal, however, the court held that Mrs Staveley had intended to confer a gratuitous benefit on her sons.

Issue: 7813 / Categories: Legal News , Pensions
printer mail-details

MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
back-to-top-scroll