Practice and procedure

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Practice notes
Trustees—dutiesNature of dutiesThe difference between a duty and a power is:•the performance of a duty is obligatory•powers are to a greater or lesser...
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19th May
Practice notes
IHT—quick succession reliefQuick succession relief (QSR), which is not to be confused with taper relief, applies to a transfer of value which attracts...
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Produced in partnership with Katya Vagner of PwC 19th May
Practice notes
Liferent trusts—ScotlandLiferent trustsA liferent trust (or trust liferent) is a trust which, when settled, confers a use and income benefit, or both,...
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Produced in partnership with Peter Murrin of Turcan Connell 19th May
Practice notes
Taxation of age 18–25 trusts—IHTThe special category of age 18–25 trusts was introduced by Finance Act 2006 (FA 2006) to offer some compensation for...
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Produced in partnership with Paul Davies of Clarke Willmott 19th May
Practice notes
Private Client—Luxembourg—Q&A guideTaxation regimeWhat factors determine tax liability in your jurisdiction (eg domicile, residence or...
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Produced in partnership with Eric Fort of Arendt & Medernach 19th May
Precedents
This partial deed of revocation is made on [date] by [donor] of [address].1I granted a Lasting Power of Attorney for [Financial Decisions/Health and...
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19th May
Practice notes
Trustees—statutory powers of trusteesSource and availabilitySourcesTrustees have certain powers conferred on them by statute, in particular by the...
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19th May
Practice notes
Trustees—removal of trusteesA trustee may be removed against their will in any of the following ways:•under an express power in the trust...
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19th May
Practice notes
Relief for income tax lossesReliefs entitle taxpayers to reduce the amount of income tax payable. When calculating liability to income tax, a taxpayer...
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19th May
Q&As
Can a life tenant in a Will bring a life interest to an end by choosing to end it themselves or does it only expire on death?Life tenantsA life...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 19th May
Practice notes
Capacity to litigateOn the face of it, there would appear to be no specific impediment, if there is no reason to suppose that a person is without...
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19th May
Practice notes
Costs and expenses in the Court of ProtectionThere are court fees and disbursements which will be payable by all applicants on making a new...
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19th May
Practice notes
Offshore trusts—offshore income gains (OIGs)Offshore income gains (OIGs) are gains realised on the disposal of interests in offshore funds which are...
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19th May
Precedents
This Deed is made on [date]Parties1[insert name] of [insert address] and [insert name] of [insert address] (the Retiring Trustees) and2[insert name]...
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19th May
Practice notes
Trustees—power of advancementWhere a beneficiary either:•is a minor (ie under the age of 18) and unmarried or•has attained majority or has married...
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19th May
Practice notes
Cayman Islands STAR trusts—common usesThis Practice Note provides guidance on Cayman Islands STAR trusts. For general information about the Cayman...
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Produced in partnership with Mourant Ozannes and Carey Olsen 19th May

Most recent Practice and procedure content

Q&As
What is the limitation period for knowing receipt?The concept of ‘knowing receipt’ is an aspect of trust law, and in particular provides for a remedy...
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Produced in partnership with Oliver Hilton of Radcliffe Chambers 1st Aug
Q&As
If an unincorporated association refuses to disclose its membership, who should be named as the defendant in proceedings where the limitation period...
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1st Aug
Q&As
What is the procedure to remove a caveat?A caveat is effective for six months. It can be extended on an ongoing basis for six months at a time. If the...
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1st Aug
Q&As
Does the donee of a property and financial affairs lasting power of attorney need to get prior court approval before litigating on behalf of the...
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Produced in partnership with James Goldsmith of Cornwall Insight 1st Aug
Q&As
If the deceased died intestate and a claim was commenced prior to administration'>letters of administration, should a new conditional fee agreement...
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1st Aug
Q&As
If a successful claim for proprietary estoppel has been made against an estate of a deceased person, will inheritance tax be payable on the estate of...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 1st Aug
Q&As
How can you protect a beneficiary's interest in property under a Will? I understand a residuary beneficiary cannot enter a restriction, however can a...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 1st Aug
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...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 1st Aug
Q&As
What is the limitation period for challenging the personal representative of an estate for payment of a beneficiary's share or interest?The...
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1st Aug
Q&As
In a probate claim on the basis of lack of testamentary capacity, where the executors are the law firm which drafted the Will, who would be the...
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1st Aug
Q&As
For an infant settlement approval hearing, is there a standard draft order? Is Form N292 applicable for Inheritance Act claims?There are specific...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 31st Jul

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