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
Restructuring & Insolvency analysis: The court, on appeal, clarified the approach to be taken in determining whether or not exceptional circumstances...
Tax analysis: In Michael Parker v HMRC, the First-tier Tax Tribunal (FTT) allowed the taxpayer’s appeal, holding that four disputed UK days did not...
This week’s edition of Private Client highlights includes: (1) analysis of Godwin v Godwin, a case concerning a burial dispute; (2) the FTT’s decision...
Private Client Analysis: The First-tier Tribunal held that a series of political donations constituted chargeable transfers for inheritance tax...
Private Client analysis: The High Court resolved a dispute between two sons concerning the disposal of their father’s body, where no personal...
Latest Private Client Practice Notes
DutiesThe duties of court-appointed deputies are set out in the Mental Capacity Act 2005 (MCA 2005) and the Mental Capacity Act 2005 Code of Practice...
In practical terms a charity has no capital gains tax liability on any gains that it makes but there may be a tax liability if those gains are not...
This Practice Note is produced in partnership with Josephine Howe, partner and Grace Gao, counsel, both of Ogier.When a person has passed away leaving...
Trustees and trust assetsIn many respects, taking security from trustees over trust assets is similar to taking security from chargors who own the...
What is a Larke v Nugus requestIn 1959 the Law Society first recommended that where a dispute arises about the validity of a Will the solicitor who...
Latest Private Client Precedents
Option 1—self-proving execution by one corporate director or secretary in the presence of a witnessSubscribed for and on behalf of [Name of...
IN THE SHERIFFDOM OF [insert name of Sheriff Court]INITIAL WRITin causa[insert name of pursuer], residing at [insert address of...
[Your ]Will—[name of testator]—[explanatory note]This [explanatory note] explains the main provisions of your Will. Please read this [explanatory...
This limited partnership Agreement is made on [insert day and month] 20 [insert year]Parties1[insert name of general partner] of [insert address] (the...
Subscribed by [insert name of individual] as [General Partner OR Authorised...
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
Alimentary liferent
A liferent that is not available to meet the claims of creditors.
Alternative investment market (AIM)
Alternative investment market is a sub-market of the stock-exchange'>London Stock Exchange. It allows the shares of small, mid-cap and growing companies to be traded with a more flexible regulatory system than is applicable to the main market.
Matrimonial Property Regime
A matrimonial property regime is a marriage regime which exists whether by law or by contract. It is often impossible in most civil law countries to consider succession law in isolation from matrimonial property law. A spouse may find that in moving from one country to another, he or she may gain a double protection (retaining marital rights and gaining succession law rights) or gain neither (having no matrimonial property rights at the outset and moving to a country which grants limited or no succession law rights).
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