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
This week’s edition of Private Client highlights includes: (1) changes to fees for grant of representation applications; (2) the government’s...
This Q&A considers whether, if H and W each own a half share of the family home and H’s Will creates an interest in possession trust over his half...
The Charity Commission has confirmed that the remaining section of the Charities Act 2022—covering how charities may make ex gratia or moral...
Tax analysis: In Dreyer v HMRC, the First-tier Tax Tribunal (FTT) dismissed the taxpayer’s application for permission to make a late appeal against a...
The Law Society of England and Wales has joined leaders from across the professional services sector in writing to Chancellor Rachel Reeves to oppose...
Latest Private Client Practice Notes
Offshore trusts—capital payments to UK resident non-domiciliaries and applicable reliefs before 6 April 2025 [Archived]ARCHIVED: This archived...
Court of Protection—tables of casesThese are tables of cases from the Court of Protection from the year 2025 onwards. They are organised by topic...
The abolition of the remittance basis of taxation from 2025–26At Autumn Budget 2024 on 30 October 2024, the Labour government confirmed it would...
Private Client England & Wales glossaryAAbatementWhere, after payment of the deceased’s funeral expenses, debts and liabilities, there are...
Offshore trusts—rebasing elections (before 6 April 2025) [Archived]ARCHIVED: This archived Practice note discusses the advantages and disadvantages...
Latest Private Client Precedents
Variation of Trusts Act 1958—draft Scheme of arrangementIN THE [HIGH COURT OF JUSTICE][CHANCERY DIVISION]Claim Number [xxx][BUSINESS AND PROPERTY...
VTA 1958—witness statement by claimantClaimant: [initial and surname]: 1st: [date]IN THE [HIGH COURT OF JUSTICE][CHANCERY DIVISION][BUSINESS AND...
Witness statement—construction of trustClaimant: [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...
Rectification of trust—draft witness statementClaimant: [initial and surname]:1st: [date]IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS [OF...
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
Advancement/Power of advancement
A fiduciary and dispositive power enabling a trustee to bring forward (advance) a beneficiary’s entitlement under the trust. A power of advancement may be either statutory under section 32 of the Trustee Act 1925 or express through provision in the trust instrument.
Relevant income
Income of a particular tax year as identified under Step 3 in ITA 2007, s 733, for the purposes of calculating the charge under ITA 2007, s 731 (see ‘transfer of assets abroad (TAA) regime’), where an individual receives a capital benefit under a trust. See also ‘available relevant income (ARI)’.
Reversionary interest
A beneficial interest that returns or ‘reverts’ back to the settlor of a trust on the occurrence of a specified event, or a future (contingent or vested) interest in a trust. For inheritance tax purposes, the term is defined in IHTA 1984, s 47. See: IHTM16231.
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