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A Matter of Trust

Issue 4: September 2024

A Matter of Trust

Editor's note

Peter Steen

Welcome to the third 2024 edition of our Matter of Trust publication - on topics and news from the Mishcon Private department on a range of subjects relevant to fiduciaries. 
This edition includes details of our Non-Dom hub with updates on how the upcoming tax changes will impact on UK based individuals. We also discuss a number of topics such as the developing case law in relation to the role of a Protector, a decision in relation to the construction of a trust deed, the doctrine of Donatio Mortis Causa, challenges for Executors in family shareholder disputes and clarification on identifying matrimonial assets.

You will also find details of two upcoming events, our Tax and Wealth Planning party and a Family Office networking event.

We hope that you enjoy this edition and welcome your feedback. If there is anything in this newsletter that you wish to discuss further, please don't hesitate to contact a member of the Private Wealth Disputes or the Tax and Wealth Planning teams.  

News

Can a stepchild benefit from a family trust? The case of Marcus v Marcus

Family trusts and wills have been slow to evolve with mainstream society's acceptance of families not necessarily nuclear in nature, including children not related by blood. Our experts examine how as a result, there has been an increase in court cases about which relations can benefit from family wealth.

News
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Deathbed gifts in a digital age: Rahman v Hassan & Ors [2024] EWHC 1290 (Ch)

The High Court's recent decision in Rahman v Hassan & Ors [2024] EWHC 1290 (Ch) has ignited discussion about one of the more unusual elements of English probate law: donatio mortis causa ("DMC"); that is, 'gifts in contemplation of death' or 'deathbed gifts'. This is a means of making a gift (effective on death), without complying with the requirements for a will under the Wills Act 1837.

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