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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

Social care reforms in England—how will they work in practice?

Social care reforms in England—how will they work in practice?

The following Local Government news provides comprehensive and up to date legal information on Social care reforms in England—how will they work in practice?

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 Pensions, insurance and tax efficient investments content

Practice notes

The Lifetime ISA

The Lifetime ISAFactors which led to the creation of the Lifetime ISASuccessive UK governments have long proclaimed the importance of encouraging...
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Produced in partnership with Wyn Derbyshire of gunnercooke LLP 15th Aug
Practice notes

Relevant life and excepted group life policies—practical issues

Relevant life and excepted group life policies—practical issuesStatute provides for two tax-efficient alternatives to a life assurance policy held...
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Produced in partnership with Kevin Gude of Gowling WLG 15th Aug
Practice notes

International pension transfers

International pension transfersCORONAVIRUS (COVID-19) UPDATE: Through Pension Schemes Newsletter 128 and Pension Schemes Newsletter 121, HMRC...
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Produced in partnership with Sean McNulty of Blake Morgan 15th Aug
Practice notes

Pension payable on death—who is a dependant, nominee or successor?

Pension payable on death—who is a dependant, nominee or successor?Types of death benefits payableThere are two types of scheme benefits payable on a...
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Produced in partnership with Wyn Derbyshire of gunnercooke LLP 15th Aug
Q&As

Are there any restrictions on, or tax consequences arising as a result of, UK pension scheme trustees (whether individual or corporate) being resident outside the UK?

Are there any restrictions on, or tax consequences arising as a result of, UK pension scheme trustees (whether individual or corporate) being resident...
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Produced in partnership with Oliver Hilton of Radcliffe Chambers 15th Aug
Practice notes

Insurance distribution activities—law firms

Insurance distribution activities—law firmsAs a general rule, law firms are not permitted to engage directly in insurance distribution activities,...
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15th Aug
Practice notes

The Money and Pensions Service

The Money and Pensions ServiceScope of this Practice NoteThe Money and Pensions Service (MPS) was set up by the government to enhance the...
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11th Aug
Q&As

If the deceased had an ISA, and an election is made by the deceased’s spouse to take the ISA over, how are income and gains treated from the date of death until the date of the actual transfer to the spouse? Will the income and gains be treated as exempt from income tax and capital gains tax in the hands of the surviving spouse or will these be taxed in the deceased’s estate as estate income or gains?

If the deceased had an ISA, and an election is made by the deceased’s spouse to take the ISA over, how are income and gains treated from the date of...
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1st Aug
Q&As

Does a refund of contributions from a defined benefit pension arrangement, following the death of a member in deferment, form part of the deceased member’s estate for inheritance tax purposes (as per section 151 of the Inheritance Tax Act 1984, and IHTM17055) even where the refund of contributions is paid via discretionary trusts?

Does a refund of contributions from a defined benefit pension arrangement, following the death of a member in deferment, form part of the deceased...
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1st Aug
Q&As

An individual wishes to surrender a life insurance policy which the provider believes is written in trust, but the individual has no recollection of this. A copy of the trust deed (if there is one) cannot be located so it is not known who the trustees are (if there are any). How can the policy be surrendered where it is uncertain as to whether it is written in trust at all and, if the trust does exist, where there is no information about the trust?

An individual wishes to surrender a life insurance policy which the provider believes is written in trust, but the individual has no recollection of...
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1st Aug
Q&As

Where a parent takes receipt of child allowance payments under a pension scheme on behalf of their minor child (payable monthly for a ten-year period), is the parent under a duty to hold the benefits on trust for the child?

Where a parent takes receipt of child allowance payments under a pension scheme on behalf of their minor child (payable monthly for a ten-year...
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1st Aug
Q&As

Can a trust over policy proceeds be implied when trust documentation was not completed?

Can a trust over policy proceeds be implied when trust documentation was not completed?Case studyWhere shareholders of a private company had an...
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1st Aug
Q&As

A grandparent wants to set up Junior ISAs for their grandchildren in order to invest shares on their behalf. A Junior ISA may only be opened by someone with parental responsibility for the child but could the children’s parent delegate power to the grandparent by ordinary power of attorney to open the accounts on the children’s behalf?

A grandparent wants to set up Junior ISAs for their grandchildren in order to invest shares on their behalf. A Junior ISA may only be opened by...
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1st Aug
Q&As

Where an individual’s life assurance policy covers death and terminal illness, is it possible to assign the death benefit alone into trust? What practical steps, if any, need to be considered?

Where an individual’s life assurance policy covers death and terminal illness, is it possible to assign the death benefit alone into trust? What...
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31st Jul

Popular documents

United Nations Convention on the Law of the Sea (UNCLOS)—snapshot

United Nations Convention on the Law of the Sea (UNCLOS)—snapshot

United Nations Convention on the Law of the Sea (UNCLOS)—snapshotTitleUnited Nations Convention on the Law of the Sea (UNCLOS)Parties168Adopted10 December 1982Entry into Force16 November 1994Full textUnited Nations Convention on the Law of the SeaSubject [Catchwords]International Law of the

Contractual damages—non-pecuniary losses

Contractual damages—non-pecuniary losses

Contractual damages—non-pecuniary lossesThis Practice Note considers the different categories of contractual damages that may be available for non-financial loss (non-pecuniary loss), ie punitive damages, damages for loss of enjoyment and loss of amenity, restitutionary damages and negotiating

Nuisance—establishing a claim for private nuisance

Nuisance—establishing a claim for private nuisance

Nuisance—establishing a claim for private nuisancePrivate nuisance—what situations can give rise to a claim?Private nuisance normally involves interference with the claimant’s enjoyment of their land, usually by noise or smell or by the causing of actual physical damage to their property. In

Qualified one-way costs shifting (QOCS)

Qualified one-way costs shifting (QOCS)

Qualified one-way costs shifting (QOCS)What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a claimant’s right to recover additional liabilities from the defendant, ie success fees and after the event (ATE)