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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.

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Latest Private Client Q&As

Q&As
My client and/or the instructing solicitor have had to shut their offices part-way through the disclosure exercise as a result of coronavirus (COVID-19). What should we do?
Q&As
Trustees under a discretionary trust have obtained and paid for counsel's advice on three occasions and have disclosed and waived privilege in relation to two of the opinions but not the third. Are the beneficiaries of the trust entitled to disclosure and inspection of—all three opinions and the instructions and supporting documentation given to counsel for all three opinions? Will privilege attach to any of these documents?
Q&As
An individual P, builds a house, Property B in the grounds (the permitted area) of the house, Property A, in which P is living. P sells Property B without ever having lived in it. Is the arising gain a capital gain taxable under the Taxation of Chargeable Gains Act 1992, or a trading profit under section 517C of the Income Tax Act 2007?
Q&As
Is it possible for a life tenant to give up their life interest, where the life interest Will trust stipulates that on the death of the life tenant the trust capital is to be split into two shares, one share being passed to X and Y (both of age) and the other share put on discretionary trust for X, Y and Z where Z is of age but does not have capacity? Given that Saunders v Vautier could not apply and a deed of release cannot be used, can the power of advancement under section 32 of the Trustee Act 1925 apply?
Q&As
Can a joint tenancy be severed after the death of one of the joint owners if it was intended to be severed in lifetime but the severance was not completed?
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Associated legal terms

Financial guardian

Person appointed by the court to manage the property and financial affairs of an adult with incapacity under the Adults with Incapacity (Scotland) Act 2000 (AI(S)A 2000). See also guardian'>welfare guardian.

Interest in possession

For trust law purposes, where a beneficiary has a current fixed entitlement to an ascertainable part of the net income or net capital (if any) or the use and enjoyment of trust property. For tax purposes, the term interest in possession has not been defined by legislation but its meaning was confirmed as a ‘present right to present enjoyment’ in the House of Lords case of Pearson v IRC. Also called a life interest trust.

Personal portfolio bond (PPB)

Broadly, a life assurance policy, contract for a life annuity or capital redemption policy where the policyholder has the power to select the underlying investments.
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