July 23, 2010

UK – Hong Kong Double Tax Agreement

At the end of June 2010 a double tax agreement was signed by the UK and Hong Kong, previous agreements have been implemented but this is the first comprehensive agreement between the two countries.

The aim of the Agreement is to avoid double taxation and prevent tax evasion. It is expected that the Agreement will come into effect next year.

June 3, 2010

Revocation of Will - Marriage or Civil Partnership

It is important to remember, that entering into a marriage or civil partnership has the effect of revoking a prior will, unless it complies with the statutory requirements or a subsequent codicil is made validating the prior will.

In a recent case the deceased's civil partner claimed that his deceased's partners will, made prior to their civil partnership was valid. In particular the deceased's will contained a general statement which provided that his will should not be revoked by any subsequent marriage civil union partnership or adoption.

In order for a will made prior to a marriage or civil partnership to be valid, it must be shown that the individual was expecting to form a marriage or civil partnership with a particular individual and it was intended that the will should not be revoked by the formation such a marriage or civil partnership.

The court found in this case that general statement contained in the will did not satisfy the statutory requirements as it did not show the deceased's genuine expectation to form a civil partnership and further failed to specify the particular individual.