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Vandervell v Inland Revenue Commissioners [1967] 2 AC 291 is a leading English trusts law case, concerning resulting trusts. It demonstrates that the mere intention to not have a resulting trust (for example, to avoid taxes) does not make it so. This case was the first in a series of decisions involving Tony Vandervell's trusts and his tax ...
Under the rule established in Vandervell v IRC, [29] if the owner of a sole beneficial interest instructs his trustees to transfer the property, and this is done to transfer the beneficial interest and not simply to change the trustees, this does not fall under Section 53(1)(c) and requires no specific formalities. [30]
When this occurs, the property is held on resulting trust for the settlor, as in Vandervell v IRC. [17] This also occurs where a trust is formed over property which requires formality, but is improperly created (for example, a land transfer that does not adhere to the Law of Property Act 1925). [18]
These presumptions are rebuttable. In Fowkes v Pascoe, [5] evidence was presented that a woman had purchased stock in the names of herself and her grandson; the grandson and granddaughter-in-law's evidence that this was a gift was admissible. However, the presumption only considers an intention to create a trust, not ulterior motives.
Abbott, a health care products conglomerate based in Illinois, is misleading parents and other caregivers about the nutritional value of its sugar-laden toddler milks, according to a lawsuit filed ...
Cases of norovirus — the virulent, wildly contagious virus that causes vomiting and diarrhea — are increasing in the U.S., the Centers for Disease Control says, reporting double the amount of ...
This case was the second in a series of decisions involving Tony Vandervell's trusts and his tax liability. The first was Vandervell v Inland Revenue Commissioners , [ 1 ] which concerned whether an oral instruction to transfer an equitable interest in shares complied with the writing requirement under Law of Property Act 1925 , section 53(1)(c ...
The 20,000 rejection letters sent out have an estimated total value of $2 billion to $10 billion applied credits, Hylton said as he estimated that some letters were for taxpayers making claims for ...