Navigating the complexities of family businesses requires a nuanced understanding of both legal and familial dynamics. This guidance offers practical insights for structuring ownership to ensure stability and growth, while balancing the unique interests of family members. Equip yourself with strategies to address succession planning, governance, and dispute resolution, tailored specifically for the distinctive challenges of family-run enterprises.
Private Client analysis: The High Court held that an adult daughter was entitled to reasonable financial provision under the Inheritance (Provision...
This week’s edition of Private Client highlights includes: (1) analysis of Townsend v Epsom, an important decision concerning the Mental Capacity Act...
This Q&A looks at whether the trusteeship of a will trust vests in the personal representatives under section 18(2) of the Trustee Act 1925 where the...
Tax analysis: In Gwyn-Jones v HMRC, the Upper Tribunal (UT) dismissed the taxpayer’s appeal against a decision of the First-Tier Tax Tribunal (FTT)...
Nature and classification of trusts—the three certaintiesCertaintyIn order for a settlor to create a private express trust the three certainties must...
ProtectorsWhat is a protector?A protector is a person who holds powers under a trust but who is not a trustee. A protector is a person who is...
Preparing the application form PA1P/PA1A for probate or letters of administrationFORTHCOMING CHANGE: The postal application forms PA1P and PA1A for...
Administration actions—personal representatives and the deceased's liabilitiesAn individual may assume obligations, for example in respect of...
If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit
Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a
Can shares in a limited company that have not been paid-up at all be cancelled?A limited company having a share capital may not alter that share capital, except in the ways listed in section 617 of the Companies Act 2006 (CA 2006). Shares in a company cannot simply be cancelled without following an
Template for regulatory references given by SMCR firms and disclosure requirements[Insert addressee details]Dear [insert name][It is our understanding that [insert name of prospective employee] [was an employee of yours between the dates of [insert dates as appropriate] OR is a current employee of
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