Lupton Fawcett

Here is the personal profile for Duncan Milwain. Please contact Duncan using the details listed in the contact panel to the right hand side of this page. You can also choose to send an email enquiry or request a call back.

Position: Director

Duncan joined Lupton Fawcett in 2004 to head its Trusts, Wills and Estates Department and became a Director in 2008.   He trained and qualified at one of the London “Magic Circle” practices and qualified into its private client department in 1995.  Duncan moved to Leeds in 2000 working at one of the large national firms based there before joining Lupton Fawcett.

Duncan is included as a key individual in both Chambers UK and the Legal 500 directories.  In the recent editions it was noted that:

"Lupton Fawcett LLP private client partner Duncan Milwain is now a director of the firm, which advises numerous individuals with a net worth over £2m, as well as those facing inheritance tax liability as a result of increasing wealth."

Duncan advises on estate planning involving IHT and CGT, domicile and residence, Wills and probate and on settlements.  Some interesting matters which Duncan has been involved with:

• Advising executors of an estate in relation to an aggressive inheritance tax planning arrangement (including a rights issue on shares contained in the estate of a 90 year old) securing a considerable tax saving following written negotiation with the Revenue and final face to face negotiation.
• Advising the owner of a major Yorkshire based business on planning with the company share ownership, passing this down to the children of the company’s founder and considering issues of short and long term control of the company.
• Advising a major Yorkshire industrial materials and distribution private company owned entirely by a family trust.  Advising trustees and the company board on all issues arising from disputes which had arisen between various family groupings (some of whom were involved with the management of the company, others who were not).
• Advising a large Yorkshire based family company in public ownership.  First and second generation members of the family involved in the management of the company owned it in part through a large number of family trusts.  Advice given on generational planning and tax planning including issues arising from a conversion of the company back to private ownership via a debt re-structure and on all tax and trustee issues in relation to this.
• Advising trust and corporate charities and chartered bodies, including establishing and registering charities.
• Carrying out a full legal audit for a major charity, including advising on trustee liability, governance, trading and taxation issues.  Preparing a full report for the trustees and assisting with the implementation of recommendations.
• Reorganising a religious community by Charity Commission scheme and the establishment of two new companies.
• Advising a range of educational and members’ bodies on constitutional issues, including amendments to constitutions and applications to the Privy Council.

Professional Societies

• Law Society

Specialist Areas:

• Estate planning involving CGT and IHT
• High net worth private client matters
   

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