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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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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