Abuse

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Over recent years, the issue of abuse of the elderly has risen in prominence. Such abuse can take the form of physical or psychological abuse but financial abuse has also become widespread. Those who take advantage range from family members to professional fraudsters, and it is quite likely that many instances go unreported and unseen. However, there are methods that can be adopted to prevent abuse and, in the case of financial abuse, to recover assets.

Financial abuse—detection and prevention

In recent years, abuse of the older client has become a topical issue. While the public perception may be that this is confined to physical abuse, there is, nonetheless, evidence of growing if not hidden financial abuse. This can take various forms and is often difficult to spot because those that are doing it are family members. In some cases, those abusing the older person may have the legitimacy of a lasting power of attorney (LPA) or enduring power of attorney (EPA), whether registered or not.

There are causes of action that can arise as a result of such abuse, such as undue influence and fraud, that can lead to

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Latest Private Client News

Private Client weekly highlights—1 May 2025

This week’s edition of Private Client highlights includes: (1) Hubbard v Hubbard, where the lack of credible evidence resulted in the disallowance of a claim for trustee expenses; (2) NHS South East London ICB v JP & the Royal Hospital for Neuro-Disability, which considered issues of dignity, delay, and declarations on best interests; (3) R (YVR) v Birmingham City Council, a decision involving adult social care charging policies, the public sector equality duty, and severely disabled adults; (4) HMRC publishes Tax update spring 2025; (5) CIOT’s response to the consultation on reforms to agricultural property relief and business property relief concerning their application in relation to trusts; (6) Patel v Patel, where the High Court resolved a dispute between two executors over the funeral arrangements for their father, and (7) the Courts and Tribunals Judiciary publishes updated AI guidance and introduces Copilot Chat for judges.

Question of the week: Where a trust of a life policy otherwise falls within the definition of an 'excluded trust' set out in paragraph 4 of Schedule 3A of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, does it lose that excluded trust status if it opens a non-interest bearing bank account in order to pay insurance premiums for the policy?

This Q&A considers whether a trust of a life policy, which otherwise falls within the definition of an 'excluded trust' as set out in the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, Sch 3A, para 4 loses its excluded trust status if it opens a non-interest bearing bank account to pay insurance premiums for the policy.

Tax update spring 2025—Tax analysis

Tax analysis: On 28 April 2025, the government announced a package of technical tax policy proposals aimed at simplifying and reforming the tax system and improving tax administration. These announcements included the publication of draft legislation, new consultations, various technical papers and responses to consultations, as well as updates on previously announced measures together with new initiatives.

Sizeable refunds could follow taxpayer’s FTT win as HMRC directed to issue enquiry closure notices in ten-year dispute (Refinitiv Ltd v HMRC)

Tax analysis: In Refinitiv Ltd v HMRC, the First-tier Tax Tribunal (FTT) directed that HMRC issue closure notices in respect of enquiries into 2018 corporation tax returns, averring that it had not met the burden of proof required for the enquiries to be kept open.

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