The Resource In the post-Pitt world ..

In the post-Pitt world ..

Label
In the post-Pitt world ..
Title
In the post-Pitt world ..
Creator
Subject
Language
eng
Summary
This article considers three remedies potentially available, since Pitt v Holt, when a trustee makes a mistake (including rectification) and contrasts their features, particularly from a tax point of view: (1) rectification, (2) equitable relief for mistaken voluntary transactions and (3) relief from decisions made in breach of duty (ie what is left of the Hastings-Bass rule after Pitt v Holt). If you have triggered a tax charge by a payment made in breach of trust, can that be wiped away years later by the exercise of the Court's discretion to set aside the transaction? HMRC have long accepted that rectification works retrospectively, but what of transactions set aside in equity for mistake? The second part of the article looks at developments in offshore jurisdictions in reaction to the Supreme Court's decision
Citation source
In: Trusts & trustees. - Oxford. - Vol. 20 (2014),
http://library.link/vocab/creatorName
  • Furness, M
  • Scott, T
Geographic coverage
International
Language note
English
http://library.link/vocab/subjectName
  • trust
  • case law
  • retroactivity
  • offshore activity
Label
In the post-Pitt world ..
Publication

Library Locations

    • IBFD Library AmsterdamBorrow it
      Rietlandpark 301, Amsterdam, 1019 DW, NL
      52.3736660 4.9336932
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