Entitlement to the estate

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Practice notes
When you advise an individual on cross-border issues or offshore tax planning, it is important to establish the 'situs' (ie location) of the assets...
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9th Nov
Practice notes
Duty to distribute to the correct beneficiariesOn the termination of the trust, the trustees are under a duty to distribute the trust assets to the...
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9th Nov
Practice notes
Duration of a trustThe duration of an express trust is subject to the restrictions imposed by the rules against remoteness of vesting and against the...
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9th Nov
Practice notes
Where a beneficiary either:•is a minor (ie under the age of 18) and unmarried or•has attained majority or has married under that date but is required...
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9th Nov
Practice notes
Trust litigation has been classified as being of three types:•a dispute as to the trusts on which trustees hold the subject matter of the settlement•a...
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9th Nov
Practice notes
This Practice Note provides guidance on Cayman Islands STAR trusts. For general information about the Cayman Islands, see Practice Note: Private...
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Produced in partnership with Mourant Ozannes and Carey Olsen 12th Jan
Practice notes
This Practice Note outlines Bermuda trust law and focuses upon its unique features and recent reforms, such as Bermuda's regime for private trust...
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Produced in partnership with Vanessa Lovell Schrum and Caljonah Smith of Appleby, Bermuda 12th Jan
Practice notes
When trustees are engaged in trust litigation, issues often arise as to how their litigation costs are to be funded. A Beddoe application is the best...
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Produced in partnership with Kate Davenport QC of Outer Temple Chambers and Adele Isaacs of Bankside Chambers 12th Jan
Practice notes
A trust is formed either by lifetime gift or on death when a person (the settlor) transfers assets to another person or persons (the trustees) to hold...
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Produced in partnership with Mourant Ozannes and Carey Olsen 12th Jan
Practice notes
The issue of sham is most likely to be raised by the settlor's creditors or former spouse if the settlor is involved in matrimonial proceedings, who...
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9th Nov
Practice notes
Offshore income gains (OIGs) are gains realised on the disposal of interests in offshore funds which are either:•non-distributor offshore funds, or...
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9th Nov
Practice notes
The term 'relevant property' defines a category of trust property which is subject to a special regime for inheritance tax (IHT). As described in...
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Produced in partnership with Paul Davies of Clarke Willmott 12th Jan
Practice notes
A lifetime gift is a gratuitous transfer of ownership of any property between living persons and not made in expectation of death. In contrast, gifts...
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9th Nov
Practice notes
CertaintyIn order for a settlor to create a private express trust the three certainties must be present, namely:•certainty as to the intention of the...
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9th Nov
Practice notes
What is a blind trust?A blind trust is a trust that is aimed at preventing conflicts of interest arising. Usually, the settlor and beneficiary of the...
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Produced in partnership with Michael O’Sullivan of 5 Stone Buildings 12th Jan
Practice notes
The principles of the notarial act are that it is:•an act of the notary and not of the parties named in the document•a record of a fact, event or...
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9th Nov

Most recent Entitlement to the estate content

Practice notes
The intestacy rulesA total intestacy occurs when all of the deceased's property is undisposed of because:•the deceased did not make a Will•the...
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11th May
Practice notes
DefinitionPartial intestacy may arise when a testator has made an effective testamentary disposition of part of their estate but has failed to dispose...
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11th May
Q&As
A provision in a valid and binding shareholders’ agreement, to which the testator is a party, will always take precedence over a conflicting provision...
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7th May
Practice notes
The intestacy rulesIf the deceased died totally or partially intestate, either because they did not leave a valid or effective Will or parts of their...
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9th Apr
Practice notes
Date from which the Will speaksUnless there is a contrary intention in the Will, then:•in relation to identifying property, the Will speaks and takes...
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9th Apr
Practice notes
The meaning of words commonly found in Private Client drafting and legislation which are intended to refer to children can differ depending on the...
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9th Apr
Q&As
Many Wills will contain provisions that require the recipient of a bequest to have survived for a specified period of time following the death of the...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 9th Apr
Q&As
Where a testator makes a Will and subsequently divorces or has their marriage annulled, section 18A of the Wills Act 1837 (WA 1837) provides that any...
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15th Feb
Q&As
This Q&A deals with the issue of inheritance tax (IHT) payable when a proprietary estoppel claim is made against an estate. There has been an increase...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 15th Feb
Q&As
Section 184 of the Law of Property Act 1925Section 184 of the Law of Property Act 1925 (LPA 1925) provides that where two persons have died in...
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15th Feb
Q&As
Beneficial entitlements to the estateThe Administration of Estates Act 1925 (AEA 1925) deals with the beneficial entitlements to an estate in an...
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15th Feb
Q&As
The Practice Note: Payment of legacies states that where a legatee of either a general legacy or a share in residue is a debtor to the estate, the...
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15th Feb

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