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Wills and Probate

09 August 2007
Issue: 7285 / Categories: Features , Wills & Probate
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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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NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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