Elderly and vulnerable clients

View Private Client by content type:

News

Practice notes

Precedents

Q&As

Latest Private Client News

Government response to Law Commission report ‘Technical Issues in Charity Law’

The following Private Client news provides comprehensive and up to date legal information on Government response to Law Commission report ‘Technical Issues in Charity Law’

Appointment of administrator pending suit following difficulties financing former family home (Ugolor v Ugolor)

The following Private Client news provides comprehensive and up to date legal information on Appointment of administrator pending suit following difficulties financing former family home (Ugolor v Ugolor)

Bankruptcy annulment and divorce (Lin v Gudmundsson (a bankrupt) and others)

The following Private Client news provides comprehensive and up to date legal information on Bankruptcy annulment and divorce (Lin v Gudmundsson (a bankrupt) and others)

Continuing duties after Walsham—limitation and the pitfalls of delay (Equitas v Sande Investments)

The following Commercial news provides comprehensive and up to date legal information on Continuing duties after Walsham—limitation and the pitfalls of delay (Equitas v Sande Investments)

Featured Private Client content

Notaries and notarisation—notarisation

The principles of the notarial act are that it is:•an act of the notary and not of the parties named in the document•a record of a fact, event or...

Creation of trusts—blind trusts

What is a blind trust?A blind trust is a trust that is aimed at preventing conflicts of interest arising. Usually, the settlor and beneficiary of the...

Nature and classification of trusts—the three certainties

CertaintyIn order for a settlor to create a private express trust the three certainties must be present, namely:•certainty as to the intention of the...

The meaning of relevant property

The term 'relevant property' defines a category of trust property which is subject to a special regime for inheritance tax (IHT). As described in...

Practice notes

Capacity to litigate

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...

9th Nov

Practice notes

Trust disputes—sham trusts

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...

9th Nov

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 persons (the trustees) to hold...

Produced in partnership with Mourant Ozannes and Carey Olsen 12th Jan

Practice notes

Beddoe applications

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...

Produced in partnership with Kate Davenport QC of Outer Temple Chambers and Adele Isaacs of Bankside Chambers 12th Jan

Practice notes

Bermuda trusts

This Practice Note outlines Bermuda trust law and focuses upon its unique features and recent reforms, such as Bermuda's regime for private trust...

Produced in partnership with Vanessa Lovell Schrum and Caljonah Smith of Appleby, Bermuda 12th Jan

Practice notes

Cayman Islands STAR trusts—common uses

This Practice Note provides guidance on Cayman Islands STAR trusts. For general information about the Cayman Islands, see Practice Note: Private...

Produced in partnership with Mourant Ozannes and Carey Olsen 12th Jan

Practice notes

Trust disputes—court jurisdiction and procedure

Trust litigation has been classified as being of three types:•a dispute as to the trusts on which trustees hold the subject matter of the settlement•a...

9th Nov

Practice notes

Trustees—power of advancement

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...

9th Nov

Practice notes

Termination of trusts—methods of termination

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...

9th Nov

Practice notes

Termination of trusts—beneficiaries

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...

9th Nov

Precedents

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...

9th Nov

Practice notes

Situs of assets for succession and IHT

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...

9th Nov

Precedents

Partial deed of revocation of lasting power of attorney

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...

9th Nov

Practice notes

Liferent trusts—Scotland

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...

Produced in partnership with Peter Murrin of Turcan Connell 12th Jan

Scottish Law

Practice notes

UK taxation of offshore trusts—inheritance tax

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...

Produced in partnership with Jenny Wilson-Smith and Emma Haley of Boodle Hatfield 12th Jan

Practice notes

Creation of trusts in Scotland

Express creation of trustsA trust is constituted expressly where the owner of property (the truster) transfers property to trustees to hold for...

Produced in partnership with Yvonne Evans, Law Lecturer, Solicitor (non-practising), TEP, University of Dundee 12th Jan

Scottish Law

Most recent Elderly and vulnerable clients content

Practice notes

Elderly clients—practice rules and guidance for solicitors

With an increasing move towards elderly client specialists and practices it is important to note the rules under which they must conduct their...

9th Apr

Practice notes

Introduction to cryptoassets and blockchain for Private Client

This Practice Note explains the phenomenon of ‘cryptoassets’, namely assets which are issued using distributed ledger technology, alternatively known...

Produced in partnership with James Brockhurst of Forsters LLP 9th Apr

Practice notes

Social security benefits—the benefits

STOP PRESS:The guidance in this Practice Note may be affected by the announcements in Autumn Statement 2015. For an overview of these announcements,...

9th Apr

Practice notes

Equity release schemes

In recent years the phenomenon of the capital-rich, cash-poor elderly client has become more common. Generally their wealth is tied up in their home...

9th Apr

Practice notes

Fraud tracing and other remedies

It will come as no surprise to practitioners that their older clients are the most vulnerable to financial abuse. Often that abuse is not discovered...

9th Apr

Practice notes

Digital assets on incapacity and death

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...

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

Coronavirus (COVID-19)—Care and Support Needs Assessments

Community care assessments are conducted by the local authority (LA) where someone aged 18 years or older is ordinarily resident. LAs have a duty to...

Produced in partnership with Craig Ward of Lundie, solicitor of Craybeck Law LLP 9th Apr

COVID-19

Practice notes

Care and support needs assessments

Coronavirus (COVID-19): The content of this Practice Note is temporarily affected by the coronavirus (COVID-19) pandemic. For further guidance, see...

Produced in partnership with Craig Ward of Lundie, solicitor of Craybeck Law LLP 9th Apr

Practice notes

Misuse of EPAs and LPAs and its prevention

Enduring powers of attorney (EPAs) and lasting powers of attorney (LPAs) enable a person's affairs to be managed in the event that they lack capacity...

Produced in partnership with Victoria Mahon De Palacios of Wedlake Bell 9th Apr

Practice notes

Independent mental capacity advocates

Note that this Practice Note addresses only English law. Following devolution there are now differences between the English and Welsh rules on many...

9th Apr

Practice notes

Physical and emotional abuse of the elderly—detection and remedies

The physical and emotional abuse of the elderly is a problem that can be difficult to detect and to prevent. The Care and support statutory guidance,...

9th Apr

Practice notes

Elderly clients disposing of property interests

Elderly clients frequently seek advice from their professional advisers on how to dispose of their house to relatives, either permanently or so that...

9th Apr

Practice notes

Elderly and vulnerable people—guide to investments and advice

Solicitors are not generally involved in the actual determination of where a client should invest and must be careful not to give financial advice to...

9th Apr

Practice notes

The elderly client and welfare benefits

There is a difficulty when acting for elderly clients as to what age they are classed as 'elderly'. That age has been a movable target over the years...

9th Apr

Practice notes

Tax planning for the elderly

Individuals may find themselves liable to pay income tax and capital gains tax during their lifetime. On death their estate may be liable to...

Produced in partnership with Sophie Fenn of The Wilkes Partnership Solicitors 9th Apr

Practice notes

Mental Capacity Act 2005—the codes of practice

On 1 April 2007, sections 42 and 43 of the Mental Capacity Act 2005 (MCA 2005) came into force. Between them these sections brought into operation a...

9th Apr

Practice notes

Social security benefits—eligibility and claims

STOP PRESS:The Chancellor in his 2014 Autumn Statement announced that the Bereavement Support Payment will become operational from April 2017 and will...

9th Apr

Practice notes

Elderly clients—dealing with professional third parties

Lawyers acting in the field of elderly client law need to be able to take advice from and consult either the client's GP or specialist medical...

Produced in partnership with Victoria Mahon de Palacios of Wedlake Bell 9th Apr

Practice notes

Capacity to create or revoke an LPA

Lasting powers of attorneyLasting powers of attorney (LPAs) were created by the Mental Capacity Act 2005 (MCA 2005) and, apart from the fact that the...

9th Apr

Practice notes

Elderly clients and a solicitor's duties

Within any department of a firm there has to be an awareness of the duties of the legal adviser. However, there is a greater need to be aware of those...

9th Apr