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25 September 2008
Issue: 7338 / Categories: Features , Wills & Probate
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Who benefits?

Paul Hewitt and Paola Fudakowska report on beneficial ownership

In (1) Antony Stow (2) Richard Stow (3) Alhaji Ahmed v (1) Zoe Stow (2) Comissioners for HMRC (3) Estate of Edward Stow (4) Gareth Stow [2008] WTLR 1103 the third defendant (E) and the third claimant (K) were business colleagues. K settled assets on trust (the B Trust) and later used those funds to create a further six settlements (the N settlements). HMRC contended that the B Trust was a sham and E had provided the assets, therefore making E the settlor of the N settlement for tax purposes. HMRC issued notices of determination of tax on the trustees of the N settlement in the amount of £20m.

In 2005, E died leaving an estate of about £5m. E's wife, the first defendant (Z), was indicating an intention to claim under the Inheritance (Provision for Family and Dependants) Act 1975 against both E's estate, and the trustees under s 10. The first and second claimants, (A) and (R), and the fourth defendant (G) were trustees of the N

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MOVERS & SHAKERS

Slater Heelis—Probate & Court of Protection team

Slater Heelis—Probate & Court of Protection team

Slater Heelis brings Probate and Court of Protection expertise together with new dedicated team

Clarke Willmott—Antonia Power

Clarke Willmott—Antonia Power

Antonia Power joins Clarke Willmott in Taunton

Haynes Boone—Chris Acton

Haynes Boone—Chris Acton

Chris Acton joins Haynes Boone as chair of UK derivatives platform

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Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
Workplace bullying and harassment can no longer be left solely to HR, as financial regulation scrutinises culture, character and fitness
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