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 Office of the Public Guardian (OPG) has published its updated guidance for attorneys managing property and financial affairs under lasting powers...
This week’s edition of Private Client highlights includes: (1) the necessity of a DOLs order where all parties with parental responsibility consent (J...
The Office of the Public Guardian (OPG) and Senior Courts Costs Office (SCCO) have jointly published updated guidance on professional deputy costs....
This Q&A considers the value of an estate in terms of assessing the adjusted allowance of the residence nil rate band (RNRB) for the purposes of the...
Tax analysis: In Zzaman v HMRC, the First-tier Tax Tribunal (FTT) dismissed the taxpayer’s appeal against a discovery assessment in respect of the...
Latest Private Client Practice Notes
Art law—negligenceThis Practice Note considers negligence and contractual claims against auction houses and valuers in relation to artworks. The...
Taxation of trusts for bereaved minors—IHTWhat is a trust for a bereaved minor?The special category of trusts for bereaved minors (TBM), sometimes...
Application for confirmation in Scotland—testate casesFORTHCOMING CHANGE: The Trusts and Succession (Scotland) Act 2024 received Royal Assent on 30...
Hot topic—modernising lasting powers of attorneyFurther to the Government's response to the Ministry of Justice’s and Office of the Public Guardian...
Hot topic—modernising WillsFurther to the Government's response to the Law Commission’s Final report Modernising Wills: Final report, the government...
Latest Private Client Precedents
Residence for tax purposes—client guideKey points•the concept of residence is used to establish the extent of an individual's liability to UK income...
Will—to spouse absolutely, then to children in equal shares absolutely with disabled child’s share being settled on trustSTOP PRESS: Abolition of...
Will—legacy of business property on discretionary trust, residue to spouse absolutely, then to children absolutelySTOP PRESS: Abolition of non-dom...
Will (Scotland)—To spouse, whom failing issue, trust provision for young beneficiaries, long powers, guardianship provisionSTOP PRESS: Abolition of...
Will (Scotland)—Liferent of dwelling house, residue to spouse, whom failing number of individuals in differing shares (amalgamation pro rata if...
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
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.
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.
Remittance basis
Taxation of an individual's foreign income and capital gains in the UK only if that income and gains are remitted, or brought to, the UK.
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