Deprivation of liberty

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TR1 declaration of trust—absence of agreement insufficient for rectification (Ralph v Ralph)

The following Dispute Resolution news provides comprehensive and up to date legal information on TR1 declaration of trust—absence of agreement insufficient for rectification (Ralph v Ralph)

SDLT—no MDR for land with planning permission (Ladson Preston and AKA Developments v HMRC)

The following Private Client news provides comprehensive and up to date legal information on SDLT—no MDR for land with planning permission (Ladson Preston and AKA Developments v HMRC)

Private Client weekly highlights—22 July 2021

The following Private Client news provides comprehensive and up to date legal information on Private Client weekly highlights—22 July 2021

Taxpayers had no right to attend third party information notice application hearing (Kandore v HMRC)

The following Private Client news provides comprehensive and up to date legal information on Taxpayers had no right to attend third party information notice application hearing (Kandore v HMRC)

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UK tax liability

UK tax liabilityThis Practice Note briefly summarises the main UK taxes which may apply to UK resident individuals, including income tax, capital...

Trust disputes—breach of trust

Trust disputes—breach of trustIt is a fact of life that beneficiaries and trustees fall out. Often this is due to misunderstandings but occasionally...

Trust disputes—action for breach of trust

Trust disputes—action for breach of trustBreach of trustBeneficiaries may consider proceedings either to restore a trust fund or obtain compensation...

Deed of appointment terminating discretionary trust

This Deed of Appointment is made on [date] by [trustee] of [address] and [trustee] of [address] (the Trustees).Background(A)This Deed is supplemental...

Practice notes

What is an offshore trust?

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...

Produced in partnership with Mourant Ozannes and Carey Olsen 19th May

Practice notes

Taxation of age 18–25 trusts—IHT

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...

Produced in partnership with Paul Davies of Clarke Willmott 19th May

Practice notes

Beddoe applications

Beddoe applicationsWhen trustees are engaged in trust litigation, issues often arise as to how their litigation costs are to be funded. A Beddoe...

Produced in partnership with Kate Davenport QC of Outer Temple Chambers and Adele Isaacs of Bankside Chambers 19th May

Precedents

Deed of revocation of ordinary power of attorney

This Deed OF REVOCATION is made on [date] by me [name of donor] of [address of donor].This Deed provides:1Revocation...

19th May

Practice notes

Trustees—removal of trustees

Trustees—removal of trusteesA trustee may be removed against their will in any of the following ways:•under an express power in the trust...

19th May

Q&As

At what stage and to whom can a Deed of Appropriation take place when selling a second property in an estate?

At what stage and to whom can a Deed of Appropriation take place when selling a second property in an estate?We assume you refer to the situation when...

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?

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...

Produced in partnership with Lynne Counsell of 9 Stone Buildings 19th May

Practice notes

Assessment for residential accommodation

Assessment for residential accommodationCoronavirus (COVID-19): The content of this Practice Note is temporarily affected by the coronavirus...

19th May

Practice notes

Capacity to litigate

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...

19th May

Practice notes

Costs and expenses in the Court of Protection

Costs and expenses in the Court of ProtectionThere are court fees and disbursements which will be payable by all applicants on making a new...

19th May

Practice notes

Trust disputes—court jurisdiction and procedure

Trust disputes—court jurisdiction and procedureTrust litigation has been classified as being of three types:•a dispute as to the trusts on which...

19th May

Practice notes

Trustees—self-dealing, unauthorised profits and conflicts of interest

Trustees—self-dealing, unauthorised profits and conflicts of interestThe self-dealing ruleThe self-dealing rule is connected to, but distinct from,...

19th May

Practice notes

Acceptance in Lieu scheme and other heritage property reliefs

Acceptance in Lieu scheme and other heritage property reliefsSTOP PRESS: HMRC has updated its guidance on calculating the special price in Acceptance...

19th May

Precedents

Deed of retirement and appointment of new trustees (no separate appointor) (no continuing trustee)

This Deed is made on [date]Parties1[insert name] of [insert address] and [insert name] of [insert address] (the Retiring Trustees) and2[insert name]...

19th May

Practice notes

Discretionary trusts—Scotland

Discretionary trusts—ScotlandWhat is a discretionary trust?A discretionary trust or discretionary settlement is an arrangement created when an...

Produced in partnership with Peter Murrin of Turcan Connell 19th May

Scottish Law

Practice notes

Beneficial ownership registers—private clients and trusts

Beneficial ownership registers—private clients and trustsCORONAVIRUS (COVID-19): Certain aspects of the PSC regime are affected by temporary measures...

19th May

Most recent Deprivation of liberty content

Q&As

When making an application using the streamlined process in Re: X (Deprivation of Liberty) [2014] EWCOP 25, what obligations are there on a local authority to commission a Rule 3A representative where there are no family members or friends willing or able to be a litigation friend?

When making an application using the streamlined process in Re: X (Deprivation of Liberty) [2014] EWCOP 25, what obligations are there on a local...

Produced in partnership with Tim Spencer-Lane 6th Jun

Q&As

Where a property is owned as beneficial joint tenants and the first co-owner has lost capacity, will an order from the Court of Protection be required in order for the property to be sold? If the second co-owner has appointed a third party as their attorney and the second co-owner loses capacity, will this affect the ability to sell of the property? Would a deputyship order be appropriate in these circumstances?

Where a property is owned as beneficial joint tenants and the first co-owner has lost capacity, will an order from the Court of Protection be required...

5th Jun

Practice notes

Deprivation of liberty court procedure

Deprivation of liberty court procedureThis Practice Note covers two forms of court procedure that arise in deprivation of liberty cases:•applications...

Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 5th Jun

Q&As

Does a local authority need to apply to the Court of Protection for a personal welfare order in order to transfer an objecting and incapacitated adult from home to a care home at which a standard authorisation of the deprivation of liberty is to be granted by the Supervisory Body?

Does a local authority need to apply to the Court of Protection for a personal welfare order in order to transfer an objecting and incapacitated adult...

5th Jun

Q&As

Can a financial affairs deputy act as a Rule 3A representative in a deprivation of liberty application in the Court of Protection?

Can a financial affairs deputy act as a Rule 3A representative in a deprivation of liberty application in the Court of Protection?Deprivation of...

5th Jun

Practice notes

Private deprivations of liberty

Private deprivations of libertyFORTHCOMING CHANGE: The Mental Capacity (Amendment) Act 2019 (MC(A)A 2019) received Royal Assent on 16 May 2019. MC(A)A...

Produced in partnership with Tim Spencer-Lane 5th Jun

Practice notes

The deprivation of liberty safeguards

The deprivation of liberty safeguardsNote that this Practice Note does not address specific practice alterations caused by the coronavirus (COVID-19)...

Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 5th Jun

Deprivation of liberty

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Latest Private Client News

TR1 declaration of trust—absence of agreement insufficient for rectification (Ralph v Ralph)

SDLT—no MDR for land with planning permission (Ladson Preston and AKA Developments v HMRC)

Private Client weekly highlights—22 July 2021

Taxpayers had no right to attend third party information notice application hearing (Kandore v HMRC)

Featured Private Client content

UK tax liability

Trust disputes—breach of trust

Trust disputes—action for breach of trust

Deed of appointment terminating discretionary trust

Most recent Deprivation of liberty content

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