TQR: All change

The shifting sands of disputes

On key trends shaping the evolution of private wealth disputes, with a focus on Jersey, by Stephen Alexander

What the Editors say 

Mental capacity is becoming ever more relevant and remains an area where a clear evolution can be seen from the traditional all-or-nothing view towards a more differentiated approach, which depends both on timing and the matter at hand. Trust practitioners will be particularly interested in the section on trust insolvency and the effect it has on the position of creditors, as well as the considerations about the role of protectors in light of recent contradicting court decisions.

In a nutshell

The landscape of private wealth disputes is evolving, driven by several key trends. Mental capacity emerges as a central theme, with increasing recognition of its seismic consequences in trust decisions. These trends emphasise the need for adaptive approaches to navigate the evolving legal and financial landscape, ensuring the integrity of private wealth structures amid complex interactions between legal, financial and moral considerations.

End, means, manner, confusion

On New Zealand’s approach to charities and advocacy in light of a recent Court of Appeal decision, by Juliet Moses

What the Editors say

This is a fascinating topic that poses fundamental questions regarding the values of society. It shows the evolution of such values and how a cause that could be seen as political at a certain point in time can become generally accepted and its pursuit considered beneficial for the community. The analysis of the three leading cases demonstrates the difficulties faced by judges in having to make decisions on matters that are at the frontier between the judicial and political arenas.

In a nutshell

New Zealand courts have developed a unique and somewhat confusing approach to determining whether trusts that undertake advocacy qualify for charitable registration. The new approach was developed by the Supreme Court of New Zealand in the Re Greenpeace of New Zealand Incorporated decision. It was then further elaborated on by the court in the Attorney-General v Family First New Zealand decision, with an outcome that has caused some controversy.

From privacy to transparency

On the erosion of the right to privacy through global steps to improve tax compliance, by Henry Brandts-Giesen and Daniel McLaughlin

What the Editors say

Constant change is the hallmark of the various legislation, recommendations, rules and guidelines that aim at improving tax compliance through increased transparency of legal entities, trusts and similar arrangements. The authors take us on a clear, concise and complete tour of the most relevant developments in this area.

In a nutshell

In this article, the authors observe the global paradigm shift that is occurring through new and evolving compliance regimes imposing obligations on organisations to gather, retain and disclose information regarding their customers. In exploring how global efforts to combat tax evasion and money laundering have encroached on our right to privacy, the authors consider the measures that are being employed by governments and the concerns associated with these measures, and offer insight as to what can be expected in the future.

Out with the auld

Analysing the current state of Scots trust law following the passage of new trust legislation, by Sarah-Jane Macdonald

What the Editors say

Legislative change is occurring in Scotland. Sarah-Jane Macdonald TEP sets out the highlights of the Trusts and Succession (Scotland) Act 2024 and areas for possible improvement.

In a nutshell

This article includes highlights of some of the positive outcomes from the new legislation and provides an in-depth analysis of some of the provisions where problems may arise, including issues with the appointment or removal of trustees; inconsistencies around the ability to make and implement decisions; and concerns around the ability to delegate powers to supervisors and protectors.

An important first step

Detailing new landmark legislation for trusts in Brazil, by Luciana Guaspari de Orleans e Bragança, Daniel Veloso de Almeida and Pedro Henrique Silva Sanches

What the Editors say

Change is on the agenda in Brazil, where a Bill has been enacted that deals with the treatment of trusts from a tax perspective and lays the foundation for a more general regulation of trusts. The authors analyse the new provisions and their consequences for Brazilian taxpayers.

In a nutshell

To fully understand the impact and relevance of the provisions listed with the implementation of the new legislation, the authors have carried out analyses of the historical context of the trust institute in Brazil and the respective legal initiatives for its implementation in the Brazilian legal system. The authors also demonstrate the evolution of the theme within the administrative and judicial spheres.

Book review: Inheritance Act Claims, fifth edition

Edited by Sidney Ross TEP

Reviewed by Roman Kubiak TEP

In a nutshell

For those with an academic interest in this area and who are keen to supplement the practical application of the Inheritance (Provision for Family and Dependants) Act 1975 with detailed contextual analyses and authorities, this is an incredibly useful and interesting resource written in an easy, conversational style.