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25 September 2008
Issue: 7338 / Categories: Features , Wills & Probate
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Who benefits?

Paul Hewitt and Paola Fudakowska report on beneficial ownership

In (1) Antony Stow (2) Richard Stow (3) Alhaji Ahmed v (1) Zoe Stow (2) Comissioners for HMRC (3) Estate of Edward Stow (4) Gareth Stow [2008] WTLR 1103 the third defendant (E) and the third claimant (K) were business colleagues. K settled assets on trust (the B Trust) and later used those funds to create a further six settlements (the N settlements). HMRC contended that the B Trust was a sham and E had provided the assets, therefore making E the settlor of the N settlement for tax purposes. HMRC issued notices of determination of tax on the trustees of the N settlement in the amount of £20m.

In 2005, E died leaving an estate of about £5m. E's wife, the first defendant (Z), was indicating an intention to claim under the Inheritance (Provision for Family and Dependants) Act 1975 against both E's estate, and the trustees under s 10. The first and second claimants, (A) and (R), and the fourth defendant (G) were trustees of the N settlements. They appealed against the notices of determination and sought

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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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