Technical background notes

Tony Wickenden: Rules of law on deeds of variation

At the end of my series on deeds of variation I would like to consider some of the relevant case law. The first is Lau v HMRC 2009. The case of Mrs Maynard Lau (the Executrix of Werner Lau Deceased) v HMRC [2009] Spc 0740 (18 March 2009) before the Special Commissioners illustrates the principle […]

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Beware the dangers of using pensions for IHT planning

There is little doubt recent legislative changes have laid a couple of golden eggs from money purchase pensions. First, the ability to access funds in retirement with almost unfettered flexibility. Secondly, upon which I shall concentrate, greater flexibility for death benefits coupled with removal of some draconian tax charges. Hitherto, only dependents (in essence, surviving […]

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Tony Wickenden: Deeds of variation – tax planning dos and don’ts

This week I am continuing my review of the fundamentals of deeds of variation and, in particular, the taxation aspects. In the Budget, the Chancellor announced a review into their use for tax purposes. However, the rules currently stand as such. Since 1 August 2002 a legal variation has been automatically treated as a disposition […]