The Edinburgh Tax Network and TrustBar, in conjunction with Terra Firma Chambers, will present a seminar on Thursday 12th February 2015 at which the Rt. Hon. Lord Hodge J.S.C. will explore Marley v Rawlings [2014] UKSC 2.
How many times a year are you faced with a deed which appears to produce tax consequences which you know can’t have been what your client wanted or intended?
The trust in which the settlor is a discretionary object: The intended joint venture where, somehow, the shares in the SPV all finish up in the hands of one person – with potentially disastrous CGT consequence if it can’t be unpicked.
But does the deed really do what the words seem to say it does? And if it does, can it be rectified?
Nobody who advises on tax and/or trusts can afford to assume that the answers to those questions are respectively “yes” and “no”. Nor are they the only questions. Where the draftsman inserts entirely the wrong operative text, is that a “clerical error” – just as much as a mistyping? For the purposes of English Administration of Justice Act 1982 rectification and the Scots common law test, it would seem so. If it’s a will/will trust, can it be “rectified” despite the lack of a Scots statutory provision for rectification? Marley v Rawlings [2014] UKSC 2 suggests that sometimes it can.
Everybody who advises on tax and/or trusts needs to know what is possible – and how close the exercise of construing a deed can come to rectifying it to put right error. This is your opportunity to find out just what is possible from the Rt. Hon. Lord Hodge, Justice of the Supreme Court who – perhaps more than anyone else – knows. Lord Hodge, together with Lord Neuberger P. gave the two speeches in the leading case on such matters, Marley v Rawlings [2014] UKSC 2.
A must for every lawyer, accountant or tax adviser in the Scotland or England and Wales.
Thanks to sponsorship from Lombard Odier, there is no charge for attendance, however booking is essential. To reserve a space please email seminars@terrafirmachambers.com
