Elderly and vulnerable clients

View Private Client by content type:

Featured Private Client content

Practice notes
The term 'relevant property' defines a category of trust property which is subject to a special regime for inheritance tax (IHT). As described in...
Read More >
Produced in partnership with Paul Davies of Clarke Willmott 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 9th Nov
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 Jovana Nedeljkov of Bankside Chambers 9th Nov
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 9th Nov
Practice notes
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...
Read More >
9th Nov
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 9th Nov
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 9th Nov
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 9th Nov

Most recent Elderly and vulnerable clients content

Practice notes
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...
Read More >
29th Nov
Precedents
[To my Attorney(s) named in my EPA/LPA dated ……..AND/ORTo the (Digital) Executor(s) of my Will dated ………]ItemAccess information—eg email address,...
Read More >
Produced in partnership with Kerry Bornman of 3 Stone Buildings 29th Nov
Practice notes
Solicitors must consider the mental capacity of their clients in everything they do. The consideration of such capacity will occur where:•there is a...
Read More >
29th Nov
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 >
29th Nov
Practice notes
When entering a care home, the future relationship between the new resident and the administrators of the home should be governed by the terms of a...
Read More >
29th Nov
Practice notes
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...
Read More >
29th Nov
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 29th Nov
Practice notes
A lifetime gift is a gratuitous transfer of ownership of any property between living persons and not made in expectation of death. In contrast, gifts...
Read More >
29th Nov
Practice notes
Elderly clients frequently seek advice from their professional advisers on how to dispose of their house to relatives, either permanently or so that...
Read More >
29th Nov
Practice notes
Mental capacity is the ability to perform a specific juristic act by understanding and making a decision to do something that has legal consequences...
Read More >
29th Nov
Practice notes
Individuals may find themselves liable to pay income tax and capital gains tax during their lifetime. On death their estate may be liable to...
Read More >
Produced in partnership with Sophie Fenn of The Wilkes Partnership Solicitors 29th Nov
Practice notes
Financial abuse of the elderly by carers or members of their own family sadly seems to be on the increase. This can take the form of:•people pilfering...
Read More >
Produced in partnership with Helen Freely of Druces LLP 29th Nov
Practice notes
STOP PRESS:The Chancellor in his 2014 Autumn Statement announced that the Bereavement Support Payment will become operational from April 2017 and will...
Read More >
29th Nov
Practice notes
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...
Read More >
Produced in partnership with Victoria Mahon de Palacios of Wedlake Bell 29th Nov
Practice notes
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...
Read More >
29th Nov
Practice notes
Although local authorities have some responsibilities regarding care funding and it is that area that causes major discussion, they also have...
Read More >
29th Nov
Practice notes
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...
Read More >
Produced in partnership with Victoria Mahon De Palacios of Wedlake Bell 29th Nov
Practice notes
Note that this Practice Note addresses only English law. Following devolution there are now differences between the English and Welsh rules on many...
Read More >
29th Nov
Practice notes
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...
Read More >
29th Nov
Practice notes
Questions of capacity to marry, cohabit, have sexual relations and agree to the use of contraception are clearly highly sensitive and personal issues...
Read More >
29th Nov

Popular documents