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: In the unreported decision of In re the Estate of David Walter Peace (Decd), the High Court confirmed that, where all...
The Office of the Scottish Charity Regulator (OSCR) has reported a strong response to the new charity trustee reporting requirements that came into...
This week’s edition of Private Client highlights includes: (1) the OfDIA launches a call for views on UK trust services; (2) Patricia’s Father v...
This Q&A considers the availability of principal private residence relief under section 222 of the Taxation of Chargeable Gains Act 1992 where there...
Private Client analysis: The High Court decision in Marcus v Marcus (per Sir Anthony Mann) recently grappled with the meaning of ‘children’ as a class...
Latest Private Client Practice Notes
Capacity to litigateWhen advising an elderly or vulnerable individual on any aspect of litigation, it is very important to consider whether they have...
DeedsUnder English law, legally binding agreements can be made orally, in writing or by deed.This Practice Notice considers the circumstances in which...
Trusts—disclosure of beneficial ownership information via the Trust Registration Service (TRS) and record-keepingMoney Laundering Regulations 2017 and...
TOLATA 1996—occupation rentAn order may be made for the payment of an occupation rent where one party leaves a property owned beneficially by both...
HMRC data-gathering powersFORTHCOMING CHANGE relating to a consultation and draft legislation on better use of new and improved third-party data:...
Latest Private Client Precedents
Being an attorney under a property and financial affairs LPA—client guideThis document provides general guidance about what is involved in acting as...
Deed of revocation of lasting power of attorney by donorThis deed of revocation is made on [date] by [donor] of [address].I revoke the lasting power...
General power of attorney to administer digital assetsTHIS POWER OF ATTORNEY is made on [date] by [name of donor] of [address of donor].1AppointmentI...
Deed of revocation of ordinary power of attorneyThis Deed OF REVOCATION is made on [date] by me [name of donor] of [address of donor].This Deed...
Explanatory note for a client’s will to spouse absolutely, then to children absolutelySTOP PRESS: Abolition of non-dom regime and introduction of...
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
Non-resident CGT (NRCGT)
A now-replaced charge to capital gains tax (CGT) which applied to disposals by non-residents of UK residential property between 6 April 2015 and 5 April 2019.
Property register
General Register of Sasines or the Land Register of Scotland
Style
A form of a document used as a model for similar documents.
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