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A Matter of Trust

Issue 10: June 2026

A Matter of Trust

Editor's note

Peter Steen

Welcome to the second 2026 edition of our Matter of Trust newsletter - on topics and news from the Mishcon Private department on a range of subjects relevant to fiduciaries.  

In this edition, we: 

  • examine the decision in Godwin v Godwin, a dispute between two brothers over the disposal of their late father's remains, and consider the court's concerns about the use of ChatGPT in the preparation of witness statements; 
  • provide a practical overview of the Foreign Income and Gains (FIG) regime, which replaced the UK's non-domicile framework on 6 April 2025; 
  • analyse Guernsey's proposed legislative response to the Court of Appeal's decision in Rusnano Capital AG v Molard International and the practical implications for trust structures; 
  • explore the persistent myth of "common law marriage" and the growing momentum for reform of cohabitation law in England and Wales, including the Law Commission's anticipated consultation; 
  • consider the limits of inheritance tax relief for political donations, drawing on the First-Tier Tribunal's recent decision in Hosking v HMRC; and 
  • examine the inheritance tax implications of holding commercial property within a SIPP ahead of the significant changes coming into force on 6 April 2027. 

We hope that you enjoy this edition and welcome your feedback. If there is anything in this newsletter that you wish to discuss further, please do not hesitate to contact a member of our Private Wealth Disputes or Private Wealth and Tax team.

News
a black background with orange and blue lights
Godwin v Godwin: Burials and AI

The recent case of Godwin v Godwin is noteworthy for two reasons: it concerned a burial dispute between two brothers, and it raised questions about the use of, and potential risks, of AI tools in the preparation of witness statements.

News
London
What is the FIG Regime?

From 6 April 2025, the UK's tax treatment of individuals moving to the UK from overseas fundamentally changed. The non-domicile framework, under which an individual's domicile status determined their exposure to UK tax on foreign income and gains, has now been replaced by the Foreign Income and Gains regime (the FIG Regime), a residence-based model that applies regardless of domicile.

News
a white and blue wall with black lines
Rusnano: crisis averted

In a previous briefing, we wrote about the amendment to Article 43 of the Trusts (Jersey) Law 1984 – which mirrored section 53(3) of the Trusts (Guernsey) Law 2007 (the "Trusts Law") – in light of the 2019 Guernsey Court of Appeal decision of Rusnano Capital AG (in liquidation) v Molard International (PTC) Limited and Pullborough International Corp ("Rusnano").

News
a pair of rings on a wood surface
No ring, no rights?: reform of the law on cohabitation

With millions of couples living together outside marriage, proposed reform of cohabitation law could significantly change rights on separation, inheritance and property ownership. The changes may also affect families helping children onto the property ladder.

News
low angle view of a building
SIPP property and the 2027 IHT changes: is your structure still fit for purpose?

Historically, business owners transferred commercial property into Self Invested Pension Plans (SIPPs) as part of personal tax planning. The attraction was the property sat in a tax-efficient wrapper, while the business continued to occupy the premises. However, from 6 April 2027, most unused pension funds and death benefits will be brought into the member’s estate for inheritance tax purposes (IHT), potentially exposing the value held in historic SIPP structures to IHT.

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