Trusts

A note about when to submit an inheritance tax account in form IHT100, including details of excepted transfers, terminations and settlements (with examples).

A practice note on transfers of equity.

This note is a general summary of the UK rules applying to the taxation of chargeable gains. It describes what chargeable gains are, what assets are affected, when disposals arise, the way in which gains are calculated and the manner in which they are taxed, exceptions from taxation, anti-avoidance rules and how allowable losses may be used. This note is intended as a general overview, so you should be aware that the tax treatment in a particular case may differ from the general position described in this note.

This practice note explains when a stock transfer form is required, and provides details on how to complete the form. For a stock transfer form that can be edited and saved to your desktop, please see Standard document, Stock transfer form.

A note principally concerned with the self-dealing rule, which prohibits a trustee from buying trust property and makes a sale by a trustee to himself voidable by any beneficiary. The note also considers the basic principles governing the conduct of trustees which underpin the self-dealing rule and a number of related rules. To view Tim Collingwood's profile, click here.

An outline of equitable remedies including rectification, specific performance, injunctions, account of profits, subrogation, rescission and declarations. The doctrines of equity are also discussed.

A party (and its legal representatives) must consider the potential impact of its behaviour at the pre-action stage of any dispute. This applies to all areas of litigation. This practice note considers the effect of the rules governing pre-action protocols, the effects of the Practice Direction on Pre-action Conduct (PDPAC) and the consequences of non-compliance. It also provides a number of tips for both claimants and defendants.

This practice note explains what a payment into court in litigation is and the timing and procedure for making such payments, including the documentation required. It links to the relevant forms. It also deals with payment out of court. The note also discusses interest and dealing with payments in foreign currency.

This note deals with the law of limitation applicable to actions against trustees. It is primarily concerned with the statutory limitation periods imposed by the Limitation Act 1980 but also refers to the equitable doctrine of laches. To view James Mather's profile, click here.

This practice note explains the key concepts which make up the calculation of inheritance tax charges in a relevant property trust. NOTE: This resource is being reviewed in light of the 2013 Budget. For more information, see Legal update, 2013 Budget: key private client tax announcements

This practice note explains the inheritance tax charges that arise in a relevant property trust. It provides a step-by-step guide to calculating charges and worked examples. It is intended as an introduction for those who are unfamilar with the charge, or as a refresher. NOTE: This resource is being reviewed in light of the 2013 Budget. For more information, see Legal update, 2013 Budget: key private client tax announcements

A practice note discussing whether the principle in Re Hastings-Bass [1974]  EWCA Civ 13 still exists following the Court of Appeal decision in Pitt and another v Holt and another; Futter and another v Futter and others [2011] EWCA Civ 197. It explains the effect of this decision, against which permission to appeal has been granted and which may not be followed in offshore trust jurisdictions. It describes how the principle was applied before the decision, with examples of situations in which it was used, cases in which it was relied on to avoid unexpected tax consequences and cases on the limits of the principle. The author is updating this practice note to take into account the Supreme Court decision in Pitt v Holt and Futter v Futter (see Legal update, Hastings-Bass: HMRC wins in Futter but loses Pitt v Holt on mistake (Supreme Court)).  To view Dakis Hagen's profile, click here.

An outline of the common law fiduciary duties, ways of modifying those duties (including the use of Chinese walls) and proposals for reform.

Overview of the key legal requirements relating to the execution of deeds and documents under the laws of England and Wales. It reflects the law on execution from 1 October 2009. For details of the law governing execution of deeds and documents before 1 October 2009, see Practice note, Execution of deeds and documents: pre-1 October 2009.

This practice note considers the liability of corporate trustees for breaches of trust, and the circumstances in which the directors may be held personally liable, by virtue of what has come to be known as a "dog leg" claim.To view Peter McMaster QC's profile, click here.To view Matthew Morrison's profile, click here.

This practice note explains the purpose, principal uses of and procedure for Beddoe applications. To view Hugh Norbury's profile, click here.