About Private Client Law
When Private Clients ask questions, they expect answers - right away. But when you’re working across so many different areas of the subject day to day, it’s impossible to hold it all in your head. In addition finding the answer often means cross-referencing several different sources – from the latest legislation to the Law Society’s most up-to-date guidance.
Will Precedents
Precedents covering the most common scenarios in this area. Drafting notes accompany each clause - incorporating the latest developments like Will drafting considerations for inheritance tax residence nil rate band.
Court of Protection
Our Court of Protection topic covers both property and finance, and health and welfare Court of Protection applications. It’s geared at both the Court of Protection specialist practitioner and the occasional user.
Trust compliance
Topics include beneficial ownership transparency, the Money Laundering Regulations, the Trust Registration Service, obligations relating to data protection and GDPR and offences under the Bribery Act 2010.
Cross-referencing sources
When private clients ask questions, they expect answers quickly. But, working across lots of areas day to day, it’s impossible to hold it all in your head. We’ll help you cross-referencing several different sources.
Topics We Cover
Latest Private Client News
Tax analysis: In Kearney v HMRC, the First-tier Tax Tribunal (FTT) held that the taxpayer was a UK-resident for tax purposes, applying the common law...
Tax analysis: In this interlocutory decision, the First-tier Tax Tribunal (FTT) in Hall ruled in favour of Mr Hall (H), a director of insolvent...
Private Client analysis: Beneficiaries of a Will trust sought the removal of trustees on several grounds, including a breakdown in relations between...
Private Client analysis: In Conway v Conway, the High Court clarified the interplay between proprietary estoppel and the statutory formalities...
Private Client analysis: Mr Justice Williams found that AB lacked capacity and it was in his best interests to be conveyed to hospital for an...
Latest Private Client Practice Notes
Brexit timelineOn 23 June 2016, the UK held a referendum on its membership of the EU, with a majority voting in favour of the UK leaving the EU. On 29...
Brexit legislation trackerThis Practice Note tracks the progress of UK legislation introduced as part of the legislative project associated with the...
Brexit and IP completion day—the implications for pensions [Archived]ARCHIVED: This archived Practice Note outlines the key general implications in...
Probate actions—the role of personal representativesThe issuePerson(s) are appointed by a Will or codicil as executors or are appointed to administer...
Taxation of cryptoassets—situs for inheritance tax and capital gains taxSTOP PRESS: The Property (Digital Assets etc) Act 2025 received Royal Assent...
Latest Private Client Precedents
Will—to spouse on flexible life interest trust, then on discretionary trustFORTHCOMING CHANGE: Potential changes to Wills Act 1837The Law Commission...
Witness statement—construction of trustClaimant: [initial and surname]: 1st: [date]IN THE [HIGH COURT OF JUSTICE][CHANCERY DIVISION][BUSINESS AND...
VTA 1958—witness statement by claimantClaimant: [initial and surname]: 1st: [date]IN THE [HIGH COURT OF JUSTICE][CHANCERY DIVISION][BUSINESS AND...
Variation of Trust—supporting witness statement by trusteeDefendants: [initial and surname]: 1st: [exhibits]: [date]IN THE [HIGH COURT OF...
Variation of Trusts—claim form[IN THE HIGH COURT OF JUSTICE][Chancery Division][Business and Property Courts of England and Wales][Property, Trusts...
Latest Private Client Q&As
Featured Private Client content
Nature and classification of trusts—the three certainties
Nature and classification of trusts—the three certaintiesCertaintyIn order for a settlor to create a private express trust the three certainties must...
Protectors
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 administration
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 liabilities
Administration actions—personal representatives and the deceased's liabilitiesAn individual may assume obligations, for example in respect of...
Loan agreement—individuals
Loan agreement—individualsDATE:Parties1[[name] of [address] [and [name] of [address]] OR [name] and [name] both of [address]] (Lender[s])2[[name] of...
The Cy-près doctrine
The Cy-près doctrineFORTHCOMING CHANGE: The Charities Act 2022 (CA 2022) received Royal Assent on 24 February 2022 and will be implemented on a...
Trustees—appointment of trustees
Trustees—appointment of trusteesOriginal trusteesTrustees will usually be appointed by the instrument that brings the trust into existence. The trust...
Death in service benefits
Death in service benefitsOverview of the types of death in service benefits and their tax treatmentThere are three types of death in service...
Assent of assets by personal representatives
Assent of assets by personal representativesPersonal representatives (PRs) can transfer assets to beneficiaries in any way that would also be...
A trust holds the beneficial ownership of shares in a company of which one trustee is a director. Of the three beneficiaries, two are adults and there is a declaration of trust in respect of the shares held for them. The other is a minor and there is a separate declaration of trust for him. What would or should happen to the company shares on the death of a beneficiary? Neither declaration of trust deals with this issue.
Intermeddling in an estate
Intermeddling in an estateWhat is intermeddling?An individual who performs certain duties which a personal representative (PR) would perform to...
Termination of trusts—methods of termination
Termination of trusts—methods of terminationDuration of a trustThe duration of an express trust is subject to the restrictions imposed by the rules...
Trusts as a vehicle for holding company shares
Trusts as a vehicle for holding company sharesIntroductionMany trusts own shares as part of a portfolio of investments. This Practice Note looks at...
Benevolent funds
Benevolent fundsFORTHCOMING CHANGE: The Charities Act 2022 (CA 2022) received Royal Assent on 24 February 2022 and will be implemented on a staggered...
Creation of trusts—life insurance trusts
Creation of trusts—life insurance trustsDefining life insurance trustsA life insurance trust usually involves either:•an assignment of an insurance...
Lifetime gifts
Lifetime giftsA lifetime gift is a gratuitous transfer of ownership of any property between living persons and not made in expectation of death. In...
Source of income (and private client)
Source of income (and private client)When advising an individual on cross-border or offshore tax planning, it is important to establish the 'source'...
Liferent trusts—Scotland
Liferent trusts—ScotlandLiferent trustsA liferent trust (or trust liferent) is a trust which, when settled, confers a use and income benefit, or both,...
Associated legal terms
Insolvent estate
An estate which, if realised, would be insufficient to meet in full the debts and other liabilities to which it is subject. An estate is not insolvent if debts and liabilities can be settled even if none of the legacies can be paid.
Persons with significant control (PSC) regime
A regulatory regime under which companies must register details of persons who have ‘significant control’ over the company.
Relevant property
A category of trust property which is subject to a special regime for inheritance tax.
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