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.
Topics We Cover
Latest Private Client News
Private Client analysis: Teixeira v Moaven confirms the continued importance of the sham trust doctrine where declarations of trust are used to...
Private Client analysis: This decision clarifies that recurring royalty payments settled on trust may constitute capital, rather than income, for...
Private Client analysis: In brief: there is a widespread misconception that cohabiting couples acquire rights by virtue of their cohabitation under...
The Scottish Charity Regulator (OSCR) has issued guidance stating that the Equality and Human Rights Commission (EHRC)’s updated 'Equality Act 2010:...
This week’s edition of Private Client highlights includes: (1) the Upper Tribunal confirms that a corporate settlor may incur liability for ten-year...
Latest Private Client Practice Notes
FORTHCOMING CHANGE: On 15 December 2025 the DWP launched a consultation on strengthening the trusteeship, governance and administration standards for...
Statement of the privilegeSection 11 of Wills Act 1837 (WA 1837) provides 'that any soldier being in actual military service, or any mariner or seaman...
For general guidance on the special income tax and capital gains tax (CGT) treatment of trusts for disabled persons, see Practice Note: Taxation of...
The Budget is a Parliamentary event at which the Chancellor of the Exchequer makes important announcements relating to the national economy. This...
This Practice Note discusses the provisions of a limited partnership agreement for limited partnerships formed under the Limited Partnerships Act 1907...
Latest Private Client Precedents
Subscribed for and on behalf of [insert name of limited partnership]________________________[Director...
These Training Materials cover the 2% stamp duty land tax (SDLT) surcharge that applies from 1 April 2021 to acquisitions of residential property in...
Subscribed for and on behalf of [Name of Company]by________________________[Director...
HM Revenue and Customs [Insert HMRC address][insert date]Dear [insert organisation/department name]We are writing to notify you of our joint election...
FORTHCOMING CHANGE: Potential changes to Wills Act 1837The Law Commission review of Wills has issued a final report on 16 May 2025 which includes in...
Latest Private Client Q&As
Featured Private Client content
Nature and classification of trusts—the three certainties
Nature and classification of trusts—the three certaintiesCertaintyIn order for a settlor to create a private express trust the three certainties must...
Protectors
ProtectorsWhat is a protector?A protector is a person who holds powers under a trust but who is not a trustee. A protector is a person who is...
Preparing the application form PA1P/PA1A for probate or letters of administration
Preparing the application form PA1P/PA1A for probate or letters of administrationFORTHCOMING CHANGE: The postal application forms PA1P and PA1A for...
Administration actions—personal representatives and the deceased's liabilities
Administration actions—personal representatives and the deceased's liabilitiesAn individual may assume obligations, for example in respect of...
Loan agreement—individuals
Loan agreement—individualsDATE:Parties1[[name] of [address] [and [name] of [address]] OR [name] and [name] both of [address]] (Lender[s])2[[name] of...
The Cy-près doctrine
The Cy-près doctrineFORTHCOMING CHANGE: The Charities Act 2022 (CA 2022) received Royal Assent on 24 February 2022 and will be implemented on a...
Trustees—appointment of trustees
Trustees—appointment of trusteesOriginal trusteesTrustees will usually be appointed by the instrument that brings the trust into existence. The trust...
Death in service benefits
Death in service benefitsOverview of the types of death in service benefits and their tax treatmentThere are three types of death in service...
Assent of assets by personal representatives
Assent of assets by personal representativesPersonal representatives (PRs) can transfer assets to beneficiaries in any way that would also be...
A trust holds the beneficial ownership of shares in a company of which one trustee is a director. Of the three beneficiaries, two are adults and there is a declaration of trust in respect of the shares held for them. The other is a minor and there is a separate declaration of trust for him. What would or should happen to the company shares on the death of a beneficiary? Neither declaration of trust deals with this issue.
Intermeddling in an estate
Intermeddling in an estateWhat is intermeddling?An individual who performs certain duties which a personal representative (PR) would perform to...
Termination of trusts—methods of termination
Termination of trusts—methods of terminationDuration of a trustThe duration of an express trust is subject to the restrictions imposed by the rules...
Trusts as a vehicle for holding company shares
Trusts as a vehicle for holding company sharesIntroductionMany trusts own shares as part of a portfolio of investments. This Practice Note looks at...
Benevolent funds
Benevolent fundsFORTHCOMING CHANGE: The Charities Act 2022 (CA 2022) received Royal Assent on 24 February 2022 and will be implemented on a staggered...
Creation of trusts—life insurance trusts
Creation of trusts—life insurance trustsDefining life insurance trustsA life insurance trust usually involves either:•an assignment of an insurance...
Lifetime gifts
Lifetime giftsA lifetime gift is a gratuitous transfer of ownership of any property between living persons and not made in expectation of death. In...
Source of income (and private client)
Source of income (and private client)When advising an individual on cross-border or offshore tax planning, it is important to establish the 'source'...
Liferent trusts—Scotland
Liferent trusts—ScotlandLiferent trustsA liferent trust (or trust liferent) is a trust which, when settled, confers a use and income benefit, or both,...
Associated legal terms
Estate administration
The process of administering a deceased individual’s estate, starting on the date of death and ending when all liabilities have been settled, the estate has been distributed and final estate accounts approved by the PRs. The estate administration period is often said to run until the residue is ascertained, albeit that there are final actions required to complete the estate administration.
Facility and circumvention
A Will is open to challenge when facility and circumvention can be shown to have existed. Facility is less than insanity but exists where the testator, either because of physical or mental illness, can easily be imposed upon. ‘circumvention’ refers to pressure or persuasion.
Nondiscretionary trust
A nondiscretionary trust is a trust under which the trustees have little or no discretion over who benefits, when they benefit, or in what amounts. The beneficiaries’ entitlements are fixed or objectively ascertainable under the trust instrument (for example, a settlor provides that a named beneficiary is to receive specified income or capital at defined times or on identified events).
In practice, the term is used contrastively with “discretionary trust” to describe “fixed”, “interest in possession” or similar trusts, rather than as a term of art defined in legislation or case law. It may appear in trust documentation, tax analysis and advice on succession planning, pensions and employee benefit structures.
Because beneficiaries’ rights are determined by the terms of the trust, nondiscretionary trusts generally confer stronger proprietary rights, easier enforceability and greater predictability of tax consequences, but offer less flexibility for trustees and settlors.
Usage and underlying concepts are broadly consistent across England and Wales, Scotland, Northern Ireland and Ireland, though the detailed trust and tax consequences depend on each jurisdiction’s statute and case law, and on the specific drafting of the trust deed.
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