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Latest Private Client News

Private Client weekly highlights—23 September 2021

Private Client weekly highlights—23 September 2021

The following Private Client news provides comprehensive and up to date legal information on Private Client weekly highlights—23 September 2021

Making late notifications to HMRC—the importance of acting and proving you have acted proactively and promptly (Ketley v Revenue and Customs Commissioners)

Making late notifications to HMRC—the importance of acting and proving you have acted proactively and promptly (Ketley v Revenue and Customs Commissioners)

The following Pensions news provides comprehensive and up to date legal information on Making late notifications to HMRC—the importance of acting and proving you have acted proactively and promptly (Ketley v Revenue and Customs Commissioners)

Administration of estates; Beddoe relief granted to executor

Administration of estates; Beddoe relief granted to executor

The following Private Client news provides comprehensive and up to date legal information on Administration of estates; Beddoe relief granted to executor

No costs protection after late withdrawal of Will challenge (Goodwin v Avison)

No costs protection after late withdrawal of Will challenge (Goodwin v Avison)

The following Wills & Probate news provides comprehensive and up to date legal information on No costs protection after late withdrawal of Will challenge (Goodwin v Avison)

Featured Private Client content

Notaries and notarisation—notarisation

Notaries and notarisation—notarisation

Notaries and notarisation—notarisationThe principles of the notarial act are that it is:•an act of the notary and not of the parties named in the...

Beddoe applications

Beddoe applications

Beddoe applicationsWhen trustees are engaged in trust litigation, issues often arise as to how their litigation costs are to be funded. A Beddoe...

When can a mistake in an executed deed be rectified by a manuscript amendment rather than by a deed of rectification?

When can a mistake in an executed deed be rectified by a manuscript amendment rather than by a deed of rectification?

When can a mistake in an executed deed be rectified by a manuscript amendment rather than by a deed of rectification?This Q&A explains when it is...

Trustees—removal of trustees

Trustees—removal of trustees

Trustees—removal of trusteesA trustee may be removed against their will in any of the following ways:•under an express power in the trust...

Precedents

Partial deed of revocation of lasting power of attorney

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...
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19th May
Precedents

Deed of revocation of ordinary power of attorney

This Deed OF REVOCATION is made on [date] by me [name of donor] of [address of donor].This Deed provides:1Revocation...
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19th May
Practice notes

Trustees—statutory powers of trustees

Trustees—statutory powers of trusteesSource and availabilitySourcesTrustees have certain powers conferred on them by statute, in particular by the...
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19th May
Q&As

At what stage and to whom can a Deed of Appropriation take place when selling a second property in an estate?

At what stage and to whom can a Deed of Appropriation take place when selling a second property in an estate?We assume you refer to the situation when...
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19th May
Practice notes

Creation of trusts—blind trusts

Creation of trusts—blind trustsWhat is a blind trust?A blind trust is a trust that is aimed at preventing conflicts of interest arising. Usually, the...
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Produced in partnership with Michael O’Sullivan of 5 Stone Buildings 19th May
Practice notes

The Cy-près doctrine

The Cy-près doctrineFORTHCOMING CHANGE: On 22 March 2021, the government published its response  to the Law Commission’s report of 14 September 2017,...
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19th May
Practice notes

Relief for income tax losses

Relief for income tax lossesReliefs entitle taxpayers to reduce the amount of income tax payable. When calculating liability to income tax, a taxpayer...
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19th May
Practice notes

Assessment for residential accommodation

Assessment for residential accommodationCoronavirus (COVID-19): The content of this Practice Note is temporarily affected by the coronavirus...
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19th May
Q&As

Can a life tenant in a Will bring a life interest to an end by choosing to end it themselves or does it only expire on death?

Can a life tenant in a Will bring a life interest to an end by choosing to end it themselves or does it only expire on death?Life tenantsA life...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 19th May
Practice notes

Capacity to litigate

Capacity to litigateOn the face of it, there would appear to be no specific impediment, if there is no reason to suppose that a person is without...
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19th May
Practice notes

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...
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19th May
Practice notes

Costs and expenses in the Court of Protection

Costs and expenses in the Court of ProtectionThere are court fees and disbursements which will be payable by all applicants on making a new...
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19th May
Practice notes

Acceptance in Lieu scheme and other heritage property reliefs

Acceptance in Lieu scheme and other heritage property reliefsSTOP PRESS: HMRC has updated its guidance on calculating the special price in Acceptance...
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19th May
Practice notes

Trustees—self-dealing, unauthorised profits and conflicts of interest

Trustees—self-dealing, unauthorised profits and conflicts of interestThe self-dealing ruleThe self-dealing rule is connected to, but distinct from,...
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19th May
Practice notes

Offshore trusts—offshore income gains (OIGs)

Offshore trusts—offshore income gains (OIGs)Offshore income gains (OIGs) are gains realised on the disposal of interests in offshore funds which are...
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19th May
Practice notes

Trust disputes—court jurisdiction and procedure

Trust disputes—court jurisdiction and procedureTrust litigation has been classified as being of three types:•a dispute as to the trusts on which...
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19th May

Most recent UK real property content

Q&As

A non-resident trustee disposes of a UK residential property in the tax year 2017/18. The trust was settled by a UK domiciled settlor in 2002. How would any gains arising from the disposal be taxed?

A non-resident trustee disposes of a UK residential property in the tax year 2017/18. The trust was settled by a UK domiciled settlor in 2002. How...
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6th Sep
Practice notes

Glossary of UK trust and taxation law terms for international clients

Glossary of UK trust and taxation law terms for international clientsAAdministrationThe process starting on the date of the deceased's death and...
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6th Sep
Practice notes

The beneficial ownership register of overseas entities that own UK property

The beneficial ownership register of overseas entities that own UK property Corporate transparency is now viewed as an essential element in any...
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6th Sep
Q&As

Is an acquisition of a new main residence subject to the higher 3% rates of SDLT where the purchaser owns rental property overseas and in the UK but does not own his current main residence?

Is an acquisition of a new main residence subject to the higher 3% rates of SDLT where the purchaser owns rental property overseas and in the UK but...
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16th Aug
Q&As

A is a beneficiary of Z’s estate and receives 40% of a property under Z’s will. A and B (spouse) purchase the remainder at 60% of the agreed probate value of the property. Would SDLT be payable on the entire value of the property or the amount paid by A and B for the remaining 60%?

A is a beneficiary of Z’s estate and receives 40% of a property under Z’s will. A and B (spouse) purchase the remainder at 60% of the agreed probate...
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16th Aug
Q&As

Where trustees hold shares in a company and also hold the title to a UK residential property as a nominee for the company, what are the tax implications of a restructure whereby the company would be wound up and the trustees would simply hold the UK residential property legally and on the terms of the trust?

Where trustees hold shares in a company and also hold the title to a UK residential property as a nominee for the company, what are the tax...
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16th Aug
Practice notes

Non-resident CGT—summary [Archived]

Non-resident CGT—summary [Archived]ARCHIVED: This Practice Note gives an overview of the non-resident capital gains tax (NRCGT) charge that applied...
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Produced in partnership with Alison Cartin of Taylor Wessing LLP 16th Aug
Practice notes

Property income—the income tax charge

Property income—the income tax chargeThe charge to UK income tax applies to the profits of both a UK and overseas property business.A property...
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16th Aug
Practice notes

Non-residents and tax on chargeable gains from 6 April 2019—gains and UK immovable property

Non-residents and tax on chargeable gains from 6 April 2019—gains and UK immovable propertyBackgroundOn 6 July 2018, the government published draft...
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16th Aug
Practice notes

Non-resident landlords scheme

Non-resident landlords schemeThe Non-resident Landlords Scheme (NRL Scheme) requires income tax at the basic rate to be deducted from rental payments...
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16th Aug
Practice notes

2% SDLT surcharge for non-residents

2% SDLT surcharge for non-residentsFrom 1 April 2021, non-UK residents that buy residential property in England and Northern Ireland pay a 2%...
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16th Aug
Practice notes

Dealing in property or property investment?

Dealing in property or property investment?Whether a property transaction is an investment or trading (ie dealing) activity is of key importance to...
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16th Aug
Practice notes

UK home ownership structures for non-UK domiciliaries—mortgages

UK home ownership structures for non-UK domiciliaries—mortgagesThis Practice Note is an overview of the issues facing non-UK domiciliaries when...
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16th Aug
Practice notes

IHT on UK residential property held indirectly by non-domiciliaries from 6 April 2017

IHT on UK residential property held indirectly by non-domiciliaries from 6 April 2017This Practice Note summarises the changes to the excluded...
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Produced in partnership with James Brockhurst of Forsters LLP 16th Aug
Practice notes

UK home ownership structures for non-UK domiciliaries—offshore company

UK home ownership structures for non-UK domiciliaries—offshore companyA publicly accessible register of the beneficial owners of non-UK companies that...
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Produced in partnership with Alison Cartin of Taylor Wessing LLP 16th Aug
Practice notes

UK home ownership structures for non-UK domiciliaries—outline

UK home ownership structures for non-UK domiciliaries—outlineFORTHCOMING CHANGE: As announced at Budget 2018 and confirmed in Budget 2020, from 1...
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Produced in partnership with Emma Pearce of Pump Court Tax Chambers 15th Aug
Practice notes

CGT—PPR relief for UK residents with overseas dwellings and non-UK residents with UK dwellings

CGT—PPR relief for UK residents with overseas dwellings and non-UK residents with UK dwellingsPrincipal private residence relief (PPR relief) exempts...
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Produced in partnership with Alison Cartin of Taylor Wessing LLP 15th Aug
Q&As

What are the income tax implications of a discretionary settlement that holds an income-producing asset having two settlors?

What are the income tax implications of a discretionary settlement that holds an income-producing asset having two settlors?For the purposes of this...
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15th Aug
Q&As

Would a French property owned by a UK domiciled individual qualify for the residence nil rate band? What, if any, provision should the individual make in their Will?

Would a French property owned by a UK domiciled individual qualify for the residence nil rate band? What, if any, provision should the individual make...
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15th Aug
Q&As

To what extent could a gain arising on the disposal of a private residence be taxable under the profits from trading in and developing UK land (transactions in UK land) rules contained in Part 9A of the Income Tax Act 2007?

To what extent could a gain arising on the disposal of a private residence be taxable under the profits from trading in and developing UK land...
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15th Aug

Popular documents

Robbery

Robbery

RobberyRobberyRobbery is a theft offence, involving dishonesty but elevated also by the intention to use force.Robbery can only be tried in the Crown Court on indictment and is categorised as a class 3 offence.Elements of the offence of robberyA person is guilty of robbery if:•they steal something,

Indirect discrimination

Indirect discrimination

Indirect discriminationThis Practice Note considers unlawful indirect discrimination under Equality Act 2010 (EqA 2010).There is a clear difference between direct and indirect discrimination, and the two are mutually exclusive (although claims may of course be brought in the alternative):•the law

What is a statutory declaration of solvency, and what happens if a false declaration of solvency is made

What is a statutory declaration of solvency, and what happens if a false declaration of solvency is made

What is a statutory declaration of solvency, and what happens if a false declaration of solvency is madeStatutory declaration of solvencyA company enters voluntary liquidation when the members of the company vote to do so by a special resolution. For more information, see Practice Note: What is a

Negligence—when is the duty of care breached?

Negligence—when is the duty of care breached?

Negligence—when is the duty of care breached?Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and