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
The Scottish Charity Regulator (OSCR) has published updated guidance on automatic disqualification criteria for charity trustees and senior managers,...
This week’s edition of Private Client highlights includes: (1) Re LV, a difficult decision of the Court of Protection to allow feeding of anorexic P...
This Q&A considers whether, if where a donor of a lasting power of attorney appoints an attorney who lives overseas, under what circumstances can the...
Private Client analysis: The UK's adult social care sector stands at a critical juncture, grappling with financial strains, workforce challenges, and...
Private Client analysis: Declarations were sought by NHS Trusts under the Mental Capacity Act 2005 (MCA 2005) that LV, a 20-year-old woman, lacked...
Latest Private Client Practice Notes
How to comply with the register of overseas entitiesThe register of overseas entities was launched on 1 August 2022.Overseas entities that want to...
The beneficial ownership register of overseas entities that own UK propertyCorporate transparency is now viewed as an essential element in any...
Register of overseas entities that hold UK property—fundamentalsThe register of overseas entities was launched on 1 August 2022.Overseas entities who...
PSC register—practical examplesThe framework of the people with significant control (PSC) regime, which originally took effect on 6 April 2016, is set...
Disguised remuneration—structure of the regime and its implications in practiceFORTHCOMING CHANGE: As announced at Autumn Budget 2024, the government...
Latest Private Client Precedents
Letter to GP requesting assessment of capacity to make a Will[insert name and address of GP][insert date]Dear Dr [insert name of GP][insert full name,...
Deed modifying trust—to enlarge administrative powersThis Deed is made on [date] by [trustees] of [addresses] (the Trustees).Background(A)This Deed is...
Deed modifying trust—excluding beneficiariesThis Deed is made on [date] by [trustees] of [addresses] (the Trustees).Background(A)This Deed is...
Deed modifying trust—adding beneficiariesThis Deed is made on [date] by [trustees] of [addresses] (the Trustees).Background(A)This Deed is...
Execution clause (Scotland)—self-proving execution by an individual general partner or an authorised signatory for a limited partnershipSubscribed by...
Latest Private Client Q&As
Featured Private Client content
Can a power of attorney lapse or expire or does it last indefinitely? Does it need to be updated or 'refreshed'?
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...
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...
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...
Exemptions and reliefs from income tax
Exemptions and reliefs from income taxFor income tax rates and allowances applicable in the current tax year, see Practice Note: Key UK tax rates,...
Payment of legacies
Payment of legaciesIdentification of beneficial interestsThe personal representatives (PRs) of an estate must identify:•the beneficiary or...
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,...
Notaries and notarisation—notarisation
Notaries and notarisation—notarisationThe principles of the notarial act are that it is:•an act of the notary and not of the parties named in the...
Trustees—self-dealing, unauthorised profits and conflicts of interest
Trustees—self-dealing, unauthorised profits and conflicts of interestThe self-dealing ruleThe self-dealing rule is connected to, but distinct from,...
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...
CGT—PPR relief for UK residents with overseas dwellings and non-UK residents with UK dwellings
CGT—PPR relief for UK residents with overseas dwellings and non-UK residents with UK dwellingsPrincipal private residence relief (PPR relief) exempts...
When can a mistake in an executed deed be rectified by a manuscript amendment rather than by a deed of rectification?
Calculating the IHT charge on death
Calculating the IHT charge on deathThis Practice Note outlines how to calculate the amount of inheritance tax (IHT) that arises on an individual’s...
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...
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.
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...
Perpetuities and accumulations
Perpetuities and accumulationsThe rules relating to perpetuities and accumulations stem from the common law and the provisions in the Perpetuities and...
Associated legal terms
Alimentary
Not available to meet the claims of creditors. Formerly common in ante-nuptial contracts of marriage where property was provided by the wife. See also liferent'>alimentary liferent.
Non-resident landlords scheme (NRLS)
Requires income tax at the basic rate to be deducted from rental payments due to non-resident landlords in respect of a UK property business and accounted for to HMRC.
Pilot trust
A lifetime trust set up with a nominal amount (usually £10) which does not become active until further funds are added subsequently. It is very common to establish a trust in this way. The initial sum gets the trust started so that it is ready to accept the main assets at a later date.
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