Delve into the nuances of the Court of Protection, where safeguarding the interests of vulnerable individuals is paramount. This topic offers practical guidance on navigating legal processes and making informed decisions for clients requiring assistance with mental capacity issues.
The Society of Trust and Estate Practitioners (STEP) has announced that HMRC has published inheritance tax (IHT) liabilities statistics, showing...
This week’s edition of Private Client highlights includes: (1) Patricia (by Her Accredited Legal Representative) v Cygnet Healthcare Ltd in which the...
The Prime Minister's Office has announced that the Prime Minister has set out a new approach to reforming adult social care in England, including...
This Q&A considers whether an executor can claim legal professional privilege in court proceedings and the circumstances in which that privilege may...
Nature and classification of trusts—the three certaintiesCertaintyIn order for a settlor to create a private express trust the three certainties must...
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 administrationFORTHCOMING CHANGE: The postal application forms PA1P and PA1A for...
Administration actions—personal representatives and the deceased's liabilitiesAn individual may assume obligations, for example in respect of...
What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a
Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid
If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit
Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a
0330 161 1234