| 翻訳と辞書 |
| Futter v HM Revenue and Customs ： ウィキペディア英語版 |
Futter v HM Revenue and Customs
''Futter v HM Revenue and Customs'' () (UKSC 26 ) is an English trusts law case, concerning the fiduciary duty to take into account relevant factors, and disregard irrelevant factors. It held that trustees who act on professional advice do not breach this duty, and that even if they do, the failure to have proper regard to relevant matters only ever renders a transaction voidable. For a transaction to be wholly set aside, as in common mistake, a decision by a trustee must be based on a truly "basic" mistake.
==Facts==
Mrs Pitt's husband, Derek, suffered brain damage in a 1990 car accident, and became a patient under the Court of Protection. She was appointed to be his receiver under the Mental Health Act 1983. They were successful in getting damages for the accident, which were put into an annuity (although paid monthly) trust for his benefit. She settled the money as a discretionary trust, where both claimants and the first defendant were trustees. Neither she, nor advisers, considered liability for inheritance tax when they transferred the assets into a discretionary trust. Tax was charged after the husband’s death on the transfer. She made a claim to declare the settlement to be set aside, because she failed to take into account the tax consequences, a material consideration. She would not have done it if she had appreciated the situation. The Deputy judge granted the declaration but would have, in the alternative, refused relief from consequences of the mistake. The Revenue appealed.
In the other case, Mr Mark Futter, the first claimant, settled two discretionary trusts, with himself and another as trustees, where he had a life interest and Mrs Futter, the defendant, had a reversionary life interest. The remainder would eventually go to their three children (the second to fourth defendants). The trustees exercised the power of enlargement so the first claimant became absolutely entitled to the fund, and then the power of advancement was used to give £12,000 to each child. This was to avoid capital gains tax on the settlement. But the legal advisers got the law wrong, and large capital gains tax liability arose. The claimants argued the enlargement and advancements were void, because they failed to take account of the capital gains tax consequences. The Judge granted the declaration and the Revenue appealed.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
■ウィキペディアで「Futter v HM Revenue and Customs」の詳細全文を読む
スポンサード リンク
| 翻訳と辞書 : 翻訳のためのインターネットリソース |
Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.
|
|