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14 February 2008 / John Hendry
Issue: 7308 / Categories: Features , Tax , Family , Commercial
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No case for panic

Phizackerley’s impact on will trust planning has been exaggerated, says John Hendry

Last year’s special commissioner’s decision in Phizackerley v Revenue & Customs Commissioners [2007] UKSPC SPC00591, [2007] STC (SCD) 328 was presented in some quarters as a threat to nil rate band discretionary trust planning or even to will trust planning in general. But this decision related to one particular arrangement made vulnerable by its particular facts and the procedures followed. The facts were unusual, although hardly unique. The fatal flaw lay in the action taken when the discretionary will trust came to be put into effect.

 
THE HISTORY
Until retiring in 1992, Dr Phizackerley, an Oxford University academic, lived with his wife in accommodation provided by Balliol College. They then bought a house for £150,000 as joint tenants. Apparently Mrs Phizackerley had not worked since their marriage and made no financial contribution to the purchase price.
In 1996, some financial planning took place. The house was put into a beneficial tenancy in common in equal shares. Almost immediately afterwards the couple made wills. Probably both included discretionary
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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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