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Jargon Buster

Taper relief

A mechanism for reducing a tax charge. A CGT taper relief applied until the flat rate of 18% was introduced in FA 2008. A taper relief still applies for IHT to reduce the amount of tax payable on a PET provided the donor survived the gift by at least 3 years.

Tax year

The fiscal year, in the UK this is 6 April to the following 5 April.

Tenancy in common

Joint ownership where the right of survivorship does not apply.

Transfer of value

The basis for the charge to IHT, being the reduction in value of the estate after a gift or sale at an undervalue.

Trust company

A company set up to act as trustee. A trust company is not necessarily a trust corporation.

Trust corporation

A company set up to act as trustee that also complies with the rules in Trustee Act 1925. A trust corporation is allowed to hold real estate in a trust as sole trustee, otherwise at least two trustees are required.

Trustees

The individual(s) or company that hold the assets of the trust. The trustees have no beneficial entitlement to the trust assets, unless they are also beneficiaries. There is nothing under English law to prevent a beneficiary also being a trustee but conflicts of interest may clearly arise.

TSI

A transitional serial interest: introduced in FA 2006 for pre-existing trusts. A TSI can created in the transitional period or at any time in favour of the spouse of the beneficiary who had the life interest on 17 March 2006.

TKU

Shorthand for Trustee Knowledge and Understanding - requiring trustees of schemes to have or acquire the necessary knowledge and understanding to properly exercise their functions.

tPR

The Pensions Regulator

TV

Transfer value

TA

Trustee Act 1925 & 2000

TKU

Trustee knowledge & understanding

Trivial Pension

where pensions are small enough, HMRC rules will (if the scheme's own rules allow it) permit benefits to be commuted for cash.

Articles

The effects of Shari’a law on will drafting & estate planning

More and more families in the UK have some connection to Shari’a law. For the practitioner, the impact of Shari’a law raises certain challenges. First, advisers need to know that the wills they are drafting are valid. Second, Shari’a law can have an impact on standard UK estate planning.

This article summarises the conflict of law rules, to show how Shari’a law can be relevant, and then gives a very brief overview of the Shari’a laws of succession. Practical examples are included to show the issues that practitioners need to look out for.

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