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Manal Fouad

This author has written 58 articles

High Court Decision on Overseas Surrogacy and Trust Beneficiaries: A Legal Perspective

The recent High Court decision concerning the inclusion of a child born through an overseas surrogacy arrangement as a beneficiary of family trusts represents a significant development in the evolving relationship between trust law, succession planning, and modern methods of family formation. The case arose from an application by Ceawlin Thynn, the 8th Marquess of Bath, and his wife, Emma Thynn, seeking the court’s approval for their son, Henry, to be included within the beneficial class of three family trusts. Although Henry was genetically the child of the couple, he…

Pension Death Benefits: What Happens to Your Pension When You Die?

For many people, a pension represents one of the most significant assets they will accumulate during their lifetime. Yet its treatment on death — who receives it, how, and what tax is payable — is often poorly understood. With important changes on the horizon, it is worth taking stock of where the rules currently stand and what is set to change from April 2027. The Current Position: Income Tax and the Age 75 Threshold Under current rules, the tax treatment of pension death benefits depends primarily on whether the pension…

Inheritance Act

Inheritance Act Claims and Letters of Wishes: Managing Risk in Estate Planning

Even a carefully drafted will does not always bring matters to an end. The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to apply to the court for financial provision if a will or the intestacy rules fail to make reasonable provision for them. One practical way to reduce the risk of disputes is to use a well-thought-out Letter of Wishes. This article explains how the 1975 Act works, who can bring a claim, and how Letters of Wishes can help provide clarity and context after death.…

A New Year Wills Healthcheck

Is your Will still fit for purpose?

The start of a new year is often a prompt to get things in order - reviewing finances, updating records and planning for the year ahead. One important document that is often overlooked after it’s been signed, however, is a Will. Many people assume that once a Will is in place, the job is done and it can be forgotten about. In reality, even a well-drafted Will can cause significant difficulty if it is outdated, unclear, or cannot be located when it is needed. We recently dealt with a matter…

Trustees

Trustees – What responsibilities do they have

Trustees have a wide range of responsibilities when administering the trust estate under their charge. What is a trustee? A trustee is a person or a firm that holds and administers property or assets held in a trust for the benefit of a third party. A trust can be created for a variety of purposes. For example, trusts can be established in bankruptcy situations or in certain types of retirement plans or to manage assets for a minor or someone lacking capacity. Alternatively, a trust may be established to hold…

Inheritance Tax: Strategies to Secure Your Family’s Financial Future

There has been speculation in the media for the past few years about Inheritance tax (IHT) as a potential target for tax reform, but so far this has not come to fruition. People are fearful of the bills they will leave for their families, but the reality is that many who worry fall well below the threshold at which IHT is payable.  But with IHT charged at 40 per cent it’s certainly worth doing a regular check on where you stand, as those who could be liable can minimise their liability by taking advice and planning ahead.
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