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Private client briefing for January 2015

Speed read

The High Court case of Kicks v Leigh is the first reported decision on the interaction of the common law and statutory tests for capacity to make a lifetime gift. The FTT decision in Chadda v HMRC is a useful reminder to keep full records of IHT forms and other correspondence with HMRC in case of future enquiries. In Kennedy v Kennedy, a trust deed of appointment clause was set aside where trustees did not understand its adverse tax consequences. New regulations provide welcome clarity on the conversion of civil partnerships to marriage. And, finally, HMRC has launched a new voluntary disclosure opportunity for solicitors with undisclosed income and capital gains.

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