Decision making in respect of property and affairs

View Private Client by content type:

Latest Private Client News

Featured Private Client content

Practice notes
On the face of it, there would appear to be no specific impediment, if there is no reason to suppose that a person is without capacity, in them...
Read More >
9th Nov
Practice notes
Offshore income gains (OIGs) are gains realised on the disposal of interests in offshore funds which are either:•non-distributor offshore funds, or...
Read More >
9th Nov
Practice notes
The issue of sham is most likely to be raised by the settlor's creditors or former spouse if the settlor is involved in matrimonial proceedings, who...
Read More >
9th Nov
Practice notes
A trust is formed either by lifetime gift or on death when a person (the settlor) transfers assets to another person or persons (the trustees) to hold...
Read More >
Produced in partnership with Mourant Ozannes and Carey Olsen 12th Jan
Practice notes
When trustees are engaged in trust litigation, issues often arise as to how their litigation costs are to be funded. A Beddoe application is the best...
Read More >
Produced in partnership with Kate Davenport QC of Outer Temple Chambers and Adele Isaacs of Bankside Chambers 12th Jan
Practice notes
This Practice Note outlines Bermuda trust law and focuses upon its unique features and recent reforms, such as Bermuda's regime for private trust...
Read More >
Produced in partnership with Vanessa Lovell Schrum and Caljonah Smith of Appleby, Bermuda 12th Jan
Practice notes
This Practice Note provides guidance on Cayman Islands STAR trusts. For general information about the Cayman Islands, see Practice Note: Private...
Read More >
Produced in partnership with Mourant Ozannes and Carey Olsen 12th Jan
Practice notes
Where a beneficiary either:•is a minor (ie under the age of 18) and unmarried or•has attained majority or has married under that date but is required...
Read More >
9th Nov
Practice notes
Duration of a trustThe duration of an express trust is subject to the restrictions imposed by the rules against remoteness of vesting and against the...
Read More >
9th Nov
Practice notes
Duty to distribute to the correct beneficiariesOn the termination of the trust, the trustees are under a duty to distribute the trust assets to the...
Read More >
9th Nov
Precedents
This Deed of Appointment is made on [date] by [trustee] of [address] and [trustee] of [address] (the Trustees).Background(A)This Deed is supplemental...
Read More >
9th Nov
Practice notes
When you advise an individual on cross-border issues or offshore tax planning, it is important to establish the 'situs' (ie location) of the assets...
Read More >
9th Nov
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...
Read More >
9th Nov
Practice notes
Liferent trustsA liferent trust (or trust liferent) is a trust which, when settled, confers a use and income benefit, or both, in the trust property...
Read More >
Produced in partnership with Peter Murrin of Turcan Connell 12th Jan
Practice notes
An offshore trust is any non-UK resident trust. The liability of trustees of an offshore trust to UK inheritance tax (IHT) is not dependent on the...
Read More >
Produced in partnership with Jenny Wilson-Smith and Emma Haley of Boodle Hatfield 12th Jan
Practice notes
Express creation of trustsA trust is constituted expressly where the owner of property (the truster) transfers property to trustees to hold for...
Read More >
Produced in partnership with Yvonne Evans, Law Lecturer, Solicitor (non-practising), TEP, University of Dundee 12th Jan

Most recent Decision making in respect of property and affairs content

Practice notes
Digital assets can survive incapacity or death. Anyone who owns a digital device or has an online account should have a plan for dealing with that...
Read More >
Produced in partnership with Kerry Bornman of 3 Stone Buildings, Erin Hitchens of XXIV Old Buildings and Robert Avis of Charles Russell Speechlys 9th Apr
Practice notes
Note that this Practice Note does not address specific practice alterations caused by the COVID-19 pandemic. These are addressed in this Practice...
Read More >
Produced in partnership with Alex Ruck Keene of 39 Essex Chambers. 9th Apr
Practice notes
The principlesThe decision maker must firstly consider the principles as set out in section 1 of the Mental Capacity Act 2005 (MCA 2005), namely:•the...
Read More >
Produced in partnership with Patricia Wass of Enable Law 9th Apr
Q&As
The Court of Protection may authorise a deputy to purchase a property on behalf of P under section 18(1)(c) of the Mental Capacity Act 2005 if it is...
Read More >
Produced in partnership with Graham Stott of gunnercooke LLP 15th Mar
Q&As
Under section 18(1)(i) of the Mental Capacity Act 2005 (MCA 2005), the Court of Protection may authorise the execution of a Will for P, which, under...
Read More >
Produced in partnership with Graham Stott of gunnercooke LLP 15th Mar
Practice notes
SettlementsUnder section 18(1)(h) of the Mental Capacity Act 2005 (MCA 2005), the court has jurisdiction to approve ‘settlement of any of P’s...
Read More >
Produced in partnership with Thomson Snell & Passmore 15th Mar
Practice notes
On the settlement of P's personal injury or clinical negligence case, the deputy must consider how best to invest the damages award.Short term...
Read More >
Produced in partnership with Thomson Snell & Passmore 15th Mar
Practice notes
What is a statutory Will?Where a person is incapable of making a valid Will for themselves, the Court of Protection has the power under the Mental...
Read More >
15th Mar
Practice notes
Deputies appointed in respect of a protected party’s (P’s) property and affairs are frequently involved in the establishment of a care regime.Although...
Read More >
Produced in partnership with Thomson Snell & Passmore 5th Mar
Practice notes
Part of the deputy’s responsibility is making sure that P is receiving all state benefits to which they are entitled.The main benefits for which P is...
Read More >
Produced in partnership with Thomson Snell & Passmore 5th Mar
Practice notes
Selling, buying and leasing property for PA deputy can be involved in a number of different property transactions on behalf of P depending on their...
Read More >
Produced in partnership with Thomson Snell & Passmore 5th Mar
Q&As
A solicitor has a common law duty to keep his or her client’s affairs confidential. This extends to the contents of the Will and the instructions...
Read More >
Produced in partnership with Adam Draper of Shoosmiths 15th Feb
Precedents
Dear Dr [insert name of GP]Re: [insert name of patient]We are instructed on behalf of [insert name of proposed deputy] and understand that the above...
Read More >
14th Feb
Q&As
Where a party lacks capacity, family proceedings are subject to the provisions of Part 15 of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955...
Read More >
13th Feb
Q&As
A deputy’s general authority in respect of P’s property and affairs should extend to investigating any claim and entering negotiations as the Court of...
Read More >
Produced in partnership with Graham Stott of gunnercooke LLP 5th Feb
Q&As
Practice Note: The deputyship order explains that, since the introduction of the Mental Capacity Act 2005 (MCA 2005), deputyship orders are in most...
Read More >
4th Feb

Popular documents