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: Teixeira v Moaven confirms the continued importance of the sham trust doctrine where declarations of trust are used to...
Private Client analysis: This decision clarifies that recurring royalty payments settled on trust may constitute capital, rather than income, for...
Private Client analysis: In brief: there is a widespread misconception that cohabiting couples acquire rights by virtue of their cohabitation under...
The Scottish Charity Regulator (OSCR) has issued guidance stating that the Equality and Human Rights Commission (EHRC)’s updated 'Equality Act 2010:...
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 rentcharge is shown as being informally exonerated on title information, does this apply to the current registered owner? Or does the informal exoneration only apply to the parties to the document which informally exonerated the rentcharge?This Q&A considers the situation where, at some point
Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid
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
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