Decision making in respect of health and welfare

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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
Capital gains tax issues on deathSTOP PRESS: The Office of Tax Simplification published its first report on the review of capital gains tax (CGT) on...
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19th May
Practice notes
What is an offshore trust?A trust is formed either by lifetime gift or on death when a person (the settlor) transfers assets to another person or...
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Produced in partnership with Mourant Ozannes and Carey Olsen 19th May
Practice notes
Nature and classification of trusts—the three certaintiesCertaintyIn order for a settlor to create a private express trust the three certainties must...
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19th May
Practice notes
CGT—giftsA gift of an asset is a disposal for capital gains tax (CGT) purposes. It can, therefore, trigger a CGT charge on the gain deemed to have...
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Produced in partnership with Laura Poots (Barrister) of Pump Court Tax Chambers 19th May
Practice notes
CGT—reliefsFORTHCOMING CHANGE: On 14 July 2020, the Office of Tax Simplification (OTS) published its online survey and a call for evidence to seek...
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19th May
Q&As
When can a mistake in an executed deed be rectified by a manuscript amendment rather than by a deed of rectification?This Q&A explains when it is...
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Produced in partnership with Emma Holland of Stewarts Law 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
Creation of trusts—blind trustsWhat is a blind trust?A blind trust is a trust that is aimed at preventing conflicts of interest arising. Usually, the...
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Produced in partnership with Michael O’Sullivan of 5 Stone Buildings 19th May
Practice notes
The Cy-près doctrineFORTHCOMING CHANGE: On 22 March 2021, the government published its response  to the Law Commission’s report of 14 September 2017,...
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19th May
Practice notes
Assessment for residential accommodationCoronavirus (COVID-19): The content of this Practice Note is temporarily affected by the coronavirus...
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19th May
Practice notes
Trust disputes—court jurisdiction and procedureTrust litigation has been classified as being of three types:•a dispute as to the trusts on which...
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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
Practice notes
Statutory Wills—Court of Protection applicationsWhat is a statutory Will?Where a person is incapable of making a valid Will for themselves, the Court...
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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
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 Decision making in respect of health and welfare content

Q&As
Can you get a child arrangements order for contact with a disabled adult (who is also your offspring and does not have full capacity) and what are the...
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6th Jun
Practice notes
Independent mental capacity advocatesNote that this Practice Note addresses only English law. Following devolution there are now differences between...
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5th Jun
Practice notes
Urgent applications in the Court of ProtectionNote that this Practice Note does not address specific practice alterations caused by the COVID-19...
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Produced in partnership with Alex Ruck Keene of 39 Essex Chambers. 5th Jun
Practice notes
Human rights and the Court of ProtectionThe issues for determination in the welfare jurisdiction of the Court of Protection are often deeply personal...
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Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 5th Jun
Practice notes
Serious medical treatment cases in the Court of ProtectionMedical treatment of those without capacity to consentGenerally, it is the patient's (P’s)...
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Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 5th Jun
Practice notes
Fact-finding hearings in the Court of ProtectionA fact-finding hearing will be required in some welfare cases in the Court of Protection to resolve...
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Produced in partnership with Alex Ruck Keene and Michelle Pratley of 39 Essex Chambers 5th Jun
Practice notes
Welfare and health decision making in the Court of ProtectionNote that this Practice Note does not address specific practice alterations caused by the...
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Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 5th Jun
Practice notes
Safeguarding and the Court of ProtectionSafeguarding issues frequently underpin or arise in welfare proceedings in the Court of Protection and this...
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Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 5th Jun

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