{"title":"Can Italian forced heirship rights be enforced in England? Some remarks on the Del Curto decision","authors":"Paolo Panico","doi":"10.1093/tandt/ttae002","DOIUrl":"https://doi.org/10.1093/tandt/ttae002","url":null,"abstract":"\u0000 This case concerns the enforcement in England of a judgment where an Italian court ordered that the natural daughter of a deceased should receive a certain share of her father’s estate. It is not the assertion of a forced heirship entitlement but the application of Italian intestacy rules. The Master’s decision raises some questions as to the enforceability in England of an Italian judgment in a matter of succession. It is hoped that this will be clarified on appeal.","PeriodicalId":171463,"journal":{"name":"Trusts & Trustees","volume":"93 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140420901","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Proprietary interests and knowing receipt: Byers v Saudi National Bank [2023] UKSC 51","authors":"Anita Purewal","doi":"10.1093/tandt/ttae004","DOIUrl":"https://doi.org/10.1093/tandt/ttae004","url":null,"abstract":"\u0000 The long-awaited Supreme Court ruling in Byers v Saudi National Bank has provided a welcomed judgment on an established claim in equity and trusts law, knowing receipt. The judgment not only provides guidance on an issue which has never been directly addressed at the Supreme Court level before, namely whether a continuing proprietary interest is needed for a successful claim in knowing receipt, but also provides much-needed clarification on the underlying basis and application of knowing receipt claims moving forwards, guidance that will be renowned for years to come.","PeriodicalId":171463,"journal":{"name":"Trusts & Trustees","volume":"17 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140444128","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Interpreting Wong: does the proper purposes rule have a future, or is it merely a facet of construction?","authors":"Toby Graham, David Russell, Tom McPhail","doi":"10.1093/tandt/ttad106","DOIUrl":"https://doi.org/10.1093/tandt/ttad106","url":null,"abstract":"","PeriodicalId":171463,"journal":{"name":"Trusts & Trustees","volume":"65 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140444282","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Comparative analysis of trust taxation: a deep dive into Australian and Canadian regimes","authors":"Charles Ho Wang Mak, Matthew Chippin","doi":"10.1093/tandt/ttae003","DOIUrl":"https://doi.org/10.1093/tandt/ttae003","url":null,"abstract":"\u0000 This article examines trust taxation in Australia and Canada, focusing on the Australian Income Tax Assessment Act 1936's Section 97(1) and the Canadian Income Tax Act’s Section 94.1. It explores the Australian Carter and the Canadian Fundy Settlement cases, highlighting their implications for tax avoidance strategies. The article employs a comparative methodology to provide insights into the policy and legislative nuances shaping trust distribution taxation in these jurisdictions. The goal is to bridge traditional legal frameworks with modern fiscal challenges and inform future reforms in common-law countries.","PeriodicalId":171463,"journal":{"name":"Trusts & Trustees","volume":"150 23","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139842728","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Comparative analysis of trust taxation: a deep dive into Australian and Canadian regimes","authors":"Charles Ho Wang Mak, Matthew Chippin","doi":"10.1093/tandt/ttae003","DOIUrl":"https://doi.org/10.1093/tandt/ttae003","url":null,"abstract":"\u0000 This article examines trust taxation in Australia and Canada, focusing on the Australian Income Tax Assessment Act 1936's Section 97(1) and the Canadian Income Tax Act’s Section 94.1. It explores the Australian Carter and the Canadian Fundy Settlement cases, highlighting their implications for tax avoidance strategies. The article employs a comparative methodology to provide insights into the policy and legislative nuances shaping trust distribution taxation in these jurisdictions. The goal is to bridge traditional legal frameworks with modern fiscal challenges and inform future reforms in common-law countries.","PeriodicalId":171463,"journal":{"name":"Trusts & Trustees","volume":"9 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139783058","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Italian resident individuals with interests in Liechtenstein entities: notes on Italian income taxes—Part 1","authors":"Claudio Quartana, Lodovico Bolis","doi":"10.1093/tandt/ttad102","DOIUrl":"https://doi.org/10.1093/tandt/ttad102","url":null,"abstract":"\u0000 It is not uncommon for Italian resident taxpayers to resort to Liechtenstein entities to take advantage of the benefits that they can offer, like asset protection, confidentiality and favorable taxation. This article tries to address some of the Italian income tax implications that Italian resident individuals with interests in Liechtenstein entities should consider. Part 1, after providing an overview on the recent agreement for the elimination of double taxation stipulated between Italy and Liechtenstein, focuses on Liechtenstein foundations and establishments, also covering the potential advantages that may derive from the combination of the Italian lump sum tax regime with the use of these legal entities. Part 2 (to be published soon in 2024), will deal with Liechtenstein limited companies and “the Italian Controlled Foreign Companies regime”.","PeriodicalId":171463,"journal":{"name":"Trusts & Trustees","volume":"80 10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139606113","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"When two worlds collide: digital assets and your estate plan","authors":"Christo Meyer","doi":"10.1093/tandt/ttad105","DOIUrl":"https://doi.org/10.1093/tandt/ttad105","url":null,"abstract":"\u0000 With the digital world being forced to interact with the physical world when it comes to death and the transfer/succession of asset ownership, we currently have two very different worlds colliding. Even in our technology-focused world, people’s estate plans still only account for “traditional” assets, like a car, bank account, house, etc., whereas more and more individuals own digital assets. Planning for digital assets is much more involved than one may think; different laws and classifications of digital assets make planning for these types of assets very specialized, as you are working with a real risk that a digital asset may be lost forever.","PeriodicalId":171463,"journal":{"name":"Trusts & Trustees","volume":"40 30","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139528320","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}