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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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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