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.
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.
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.
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.
Tax analysis: In Outram and another v HMRC, the First-tier Tax Tribunal (FTT) allowed the taxpayers’ appeals against discovery assessments issued to...
HM Revenue and Customs (HMRC) has updated Form IHT38 on Claim for relief on loss on sale of land. The form enables the persons who paid the original...
The Office of the Public Guardian (Scotland) has announced that fees payable to the public guardian will increase from 1 April 2026. The Adults with...
This week’s edition of Private Client highlights includes: (1) Form IHT38—Claim for relief on loss on sale of land has been updated; (2) the Office of...
The Office of the Public Guardian (OPG) has published updated guidance detailing its position on managing client accounts for individuals subject to a...
The Bribery Act 2010—an introductory guideThe Bribery Act 2010 (BA 2010) was passed to ensure the UK’s compliance with the Organisation for Economic...
Tax—Finance Act 2025 tracker—progress through Parliament [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice...
Tax—Finance Bill 2026 tracker—progress through ParliamentThis Practice Note contains information on the Finance Bill 2026, also known as Finance Bill...
Tax—Finance Act 2024 and Finance (No 2) Act 2024 tracker—progress through Parliament [Archived]ARCHIVED: This Practice Note has been archived and is...
SDLT—reliefs for public and social purposesOnce it has been determined that a transaction is subject to SDLT, there should be consideration as to...
Will clause (Scotland)—nil rate band discretionary trust1Nil Rate Band Discretionary TrustIf my [insert spouse details] survives me, I direct my...
Will clause (Scotland)—legacy of house1Legacy of HouseI bequeath to [insert full name], residing at [insert full address], my interest in my house at...
Deed of assignment of equitable interestdate [date]Parties1[name of Assignor] [of OR incorporated in England and Wales with company registration...
Estate administration—Letter of authorisation for Estate Administration Banking Protocol[enter organisation name][enter organisation address]Dear...
Estate administration—Letter to bank[enter bank name][enter bank address]Dear [enter organisation name]The late [name of deceased]Account number(s):...
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...
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 doctrineFORTHCOMING CHANGE: The Charities Act 2022 (CA 2022) received Royal Assent on 24 February 2022 and will be implemented on a...
Trustees—appointment of trusteesOriginal trusteesTrustees will usually be appointed by the instrument that brings the trust into existence. The trust...
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 representativesPersonal representatives (PRs) can transfer assets to beneficiaries in any way that would also be...
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 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 sharesIntroductionMany trusts own shares as part of a portfolio of investments. This Practice Note looks at...
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 trustsDefining life insurance trustsA life insurance trust usually involves either:•an assignment of an insurance...
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)When advising an individual on cross-border or offshore tax planning, it is important to establish the 'source'...
Liferent trusts—ScotlandLiferent trustsA liferent trust (or trust liferent) is a trust which, when settled, confers a use and income benefit, or both,...
An action which requires the court to grant an order requiring a party to perform a specific act. In Scotland, there is no distinction between equitable and legal remedies as there is in England and Wales.
For trust law purposes, where a beneficiary has a current fixed entitlement to an ascertainable part of the net income or net capital (if any) or the use and enjoyment of trust property. For tax purposes, the term interest in possession has not been defined by legislation but its meaning was confirmed as a ‘present right to present enjoyment’ in the House of Lords case of Pearson v IRC. Also called a life interest trust.
The rule which prevents a person from maintaining that which they previously denied or the reverse.