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
Property Disputes analysis: English property law periodically produces epoch-making decisions of the highest court. In years to come, Waller Edwards v...
The Office of the Scottish Charity Regulator (OSCR) has announced new requirements for Scottish charities to submit detailed trustee information...
The Office of the Scottish Charity Regulator (OSCR) has announced the launch of the Scottish government's consultation to amend the Scottish...
The Office of the Public Guardian (OPG) has updated its guidance on registering lasting powers of attorney (LPA) to include additional contact...
This week’s edition of Private Client highlights includes: (1) Tonkin v Revenue and Customs Commissioners, in which the FTT overturned an IHT charge...
Latest Private Client Practice Notes
Automatic Exchange of Information (AEoI)—the Common Reporting Standard: a summaryFORTHCOMING CHANGES: The UK is due to implement the OECD’s...
2% SDLT surcharge for non-residentsSince 1 April 2021, non-UK residents that buy residential property in England and Northern Ireland pay a 2%...
Automatic Exchange of Information (AEoI) in the UK—pension schemesFORTHCOMING CHANGES: The UK is due to implement the OECD’s Cryptoasset Reporting...
Taking security over landScope of this Practice NoteLand (or real property) is commonly offered as security for a loan. In this context, land has more...
Brexit legislation tracker 2017–19 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained. It tracks the progress of UK...
Latest Private Client Precedents
2% SDLT surcharge for non-residents—training materialsThese Training Materials cover the 2% stamp duty land tax (SDLT) surcharge that applies from 1...
Charity trustee appointment letter[HEADED NOTEPAPER][NAME and ADDRESS OF CHARITY][DATE][ADDRESS OF CHARITY][By email]Dear [NAME OF APPOINTEE]Your...
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,...
Immediate steps following a death—client guideThis document provides general guidance on the immediate steps following a death and introduces the...
Will—individual, unmarried, no childrenFORTHCOMING CHANGE: Potential changes to Wills Act 1837The Law Commission review of Wills has issued a final...
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
Ordinary power of attorney
A legal document enabling the donor to appoint one or more attorney or donee to make decisions on their behalf in respect of their property and financial affairs. An ordinary power of attorney will be automatically revoked by the mental incapacity of the donor and is distinguishable from an EPA or a financial LPA in this respect.
Personal bond
A written undertaking, without security, to pay a debt or perform an obligation.
Relevant property
A category of trust property which is subject to a special regime for inheritance tax.
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