i-law

Trusts and Estates

The doctrine of satisfaction and ademption – and double portions

The legal terms “portions” and “satisfaction and ademption” have a pleasantly anachronistic ring to them. However, as recently as 1999, Lindsay J confirmed that the presumption against double portions still applies in Re..
Online Published Date:  29 April 2013
Appeared in issue:  Vol 27 No 3 - 29 March 2013

IHT – Treatment of liabilities

In the computing of the IHT liability arising on a death, or indeed a lifetime transfer, the value of the deceased’s (or transferor’s) assets, and also liabilities have to be taken into account.
 Section 5 IHT Act 1984 defines a..
Online Published Date:  29 April 2013
Appeared in issue:  Vol 27 No 3 - 29 March 2013

Finance Bill – Houses held by companies

An important feature of the Budget was an attack on what was regarded as tax avoidance, achieved by arranging for expensive houses to be held inside companies. This was seen as leading to avoidance of Stamp Duty Land Tax, by the house being able,..
Online Published Date:  29 April 2013
Appeared in issue:  Vol 27 No 3 - 29 March 2013

CGT private residence exemption

If the long-standing owner of a dwelling house has only lived in it as his private residence during a short period out of a long period of ownership, a time apportionment formula would be expected to ensure that only a small proportion of the gain..
Online Published Date:  29 April 2013
Appeared in issue:  Vol 27 No 3 - 29 March 2013

IHT: Attribution of liabilities and business and agricultural property reliefs – A window of opportunity?

Schedule 34 of the Finance Bill contains provisions which will affect the way in which liabilities will be brought into an Inheritance Tax (IHT) computation. The details are discussed in more detail in the Briefing on p. 6 It is, of course a basic..
Online Published Date:  29 April 2013
Appeared in issue:  Vol 27 No 3 - 29 March 2013

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