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09 August 2007
Issue: 7285 / Categories: Features , Wills & Probate
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Wills and Probate

FROM THE REVENUE

The PRs of Harry Dexter Lyon deceased and the Trustees of the Alloro Trust v HMRC Spc 616, 21 May 2007

The trustees of the Alloro Trust (the trust) appealed against HM Revenue & Customs’ (HMRC’s) notice of determination that the property held at the date of death by the trust should be treated as property to which Mr L was beneficially entitled. The amount of tax in dispute was about £200,000. The relevant legislation was the Inheritance Tax Act 1984, ss 4 and 5 and the Finance Act 1986 (FA 1986), s 102.

Mr L gifted £2.7m to the trust, of which he was in the class of potential beneficiaries and received distributions totalling £15,965 during his lifetime.
The issue was whether or not the fact that Mr L was in the class of discretionary beneficiaries meant there was a reservation of benefit within the meaning of FA 1986, s 102(1).

The special commissioner made the following findings of fact:
- Mr L was one of the beneficiaries of the trust set up by

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MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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