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About Private Client Law

When Private Clients ask questions, they expect answers - right away. But when you’re working across so many different areas of the subject day to day, it’s impossible to hold it all in your head. In addition finding the answer often means cross-referencing several different sources – from the latest legislation to the Law Society’s most up-to-date guidance.

Will Precedents

Precedents covering the most common scenarios in this area. Drafting notes accompany each clause - incorporating the latest developments like Will drafting considerations for inheritance tax residence nil rate band.

Court of Protection

Our Court of Protection topic covers both property and finance, and health and welfare Court of Protection applications. It’s geared at both the Court of Protection specialist practitioner and the occasional user.

Trust compliance

Topics include beneficial ownership transparency, the Money Laundering Regulations, the Trust Registration Service, obligations relating to data protection and GDPR and offences under the Bribery Act 2010.

Cross-referencing sources

When private clients ask questions, they expect answers quickly. But, working across lots of areas day to day, it’s impossible to hold it all in your head. We’ll help you cross-referencing several different sources.

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Associated legal terms

Ademption by satisfaction

Ademption by satisfaction describes the situation where a lifetime gift from a testator to a beneficiary is treated as satisfying, in whole or in part, a gift that the beneficiary would otherwise have received under the testator’s will. In practice, it commonly arises where a testator advances money, property or another benefit to a child or other intended beneficiary, intending it to count towards, or replace, that person’s testamentary provision.

Across England and Wales, Scotland, Northern Ireland and Ireland, the concept is grounded in case law and general succession principles rather than a single statutory definition, and is closely linked to doctrines of “advancement” and “hotchpot”. Key issues are: (i) establishing the testator’s intention that the lifetime gift operate in satisfaction of the testamentary gift; (ii) determining whether the satisfaction is total or partial; and (iii) evidential requirements, including the value and timing of the gift and any written records.

For private client and probate practitioners, ademption by satisfaction is significant in estate planning, will drafting and estate administration, to avoid double benefits, resolve disputes between beneficiaries and ensure that the testator’s intended distribution of assets is carried into effect.

Domicile of dependency

Where an individual is legally dependent on another, they will automatically acquire the same Private Client England & Wales glossary—Deemed domicile as the person on whom they are dependent as soon as that person's domicile of choice changes. The most common example is that of children under the age of 16.

Personal pension scheme

A money purchase scheme provided by a bank, insurance provider, building society, unit trust group or independent financial adviser to which an employer does not have to contribute. Members can be employed or self-employed. Such schemes replaced self-employed retirement annuities from 1 July 1988.

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