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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
Precedents
This Deed of Appointment is made on [date] by [trustee] of [address] and [trustee] of [address] (the Trustees).Background(A)This Deed is supplemental...
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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 Personal representatives content

Q&As
An executor derives their title to sue from the Will and so can validly sue before obtaining a grant of probate. An administrator derives their title...
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Produced in partnership with Adam Draper of Shoosmiths 15th Feb
Q&As
Before probate, executors are able to do all things that pertain to the executorial office. This includes making a conveyance or assignment of realty....
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15th Feb
Q&As
The duties and powers of personal representativesThe duty of personal representatives is to collect and get in the real and personal estate of the...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 15th Feb
Q&As
The practical implications of being house-bound for a personal representative (PR) will largely depend on the types of assets in the estate and what...
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15th Feb
Q&As
In this Q&A, we assume that the family members in question include the individuals applying for the grant of administration'>letters of...
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15th Feb
Q&As
The wording that you are looking for is contained in all our Precedent: Wills at clause 3.3. It says:'As trustees of...
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15th Feb
Q&As
Where a property is held by two or more persons on the death of one the property immediately vests in the survivor or survivors. It vests outside any...
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15th Feb
Q&As
For the purposes of this Q&A, it is assumed that the deceased was a sole buyer.If the buyer dies between exchange and completion, the validity of the...
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15th Feb
Q&As
We have assumed for the purposes of this Q&A that the estate in question is solvent.Debts incurred by testatorDuring the lifetime of the testator,...
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15th Feb
Q&As
When appointing two trustees to receive a legacy for a minor who is absolutely entitled under section 42(1) of the Administration of Estates Act 1925...
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Produced in partnership with Graham Stott of gunnercooke LLP 15th Feb
Q&As
Who is entitled to administer the intestate wife’s estate?A grant of administration is required where the deceased died intestate. The order of...
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15th Feb
Q&As
Do the beneficiaries of a Will have any power to force a professional executor appointed under the Will to step down?In short, the beneficiaries do...
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15th Feb
Q&As
A deputy holds power on behalf of a protected person (someone who is not capable of managing their own affairs) pursuant to an order of the Court of...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 15th Feb
Q&As
A director’s liability for a company’s unpaid tax debtsAs a general principle, a limited company is liable for its own debts and the company’s...
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15th Feb
Q&As
The two main categories of entity that should be recorded on a persons with significant control (PSC) register are:•registrable individuals with...
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15th Feb

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