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Latest Private Client News

No costs protection after late withdrawal of Will challenge (Goodwin v Avison)

The following Wills & Probate news provides comprehensive and up to date legal information on No costs protection after late withdrawal of Will challenge (Goodwin v Avison)

HMRC settles US$1bn General Electric tax fraud lawsuit

The following Private Client news provides comprehensive and up to date legal information on HMRC settles US$1bn General Electric tax fraud lawsuit

Private Client weekly highlights—16 September 2021

The following Private Client news provides comprehensive and up to date legal information on Private Client weekly highlights—16 September 2021

Whose fraud is it anyway? The effect of forgery and the defence of illegality on equitable property interests (Victus (2) v Munroe; Benjamin v Victus (1))

The following Dispute Resolution news provides comprehensive and up to date legal information on Whose fraud is it anyway? The effect of forgery and the defence of illegality on equitable property interests (Victus (2) v Munroe; Benjamin v Victus (1))

Featured Private Client content

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 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?This Q&A explains when it is...

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...

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...

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...

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...

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...

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,...

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...

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...

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...

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...

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...

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...

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...

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,...

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...

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...

19th May

Most recent Q&As content

Q&As

Where shares are held on trust, how can the trustees ensure that both the legal and equitable title to the shares are transferred to a purchaser?

Where shares are held on trust, how can the trustees ensure that both the legal and equitable title to the shares are transferred to a purchaser?We...

31st Jul

Q&As

A property is jointly inherited by several beneficiaries, one of whom is living in the property as their home. No life interest or right of occupation is granted to this beneficiary under the deceased’s Will. Does the beneficiary residing in the property have any right to remain in the property before the property can be sold?

A property is jointly inherited by several beneficiaries, one of whom is living in the property as their home. No life interest or right of occupation...

31st Jul

Q&As

What rights subsist in a photograph and how can they be transferred? How is a transfer of copyright in a photograph from a deceased person’s estate effected?

What rights subsist in a photograph and how can they be transferred? How is a transfer of copyright in a photograph from a deceased person’s estate...

31st Jul

Q&As

In circumstances where a testator leaves a pecuniary legacy to an overseas beneficiary and there will be expenses incurred in remitting the legacy to them (bank charges and an overseas bankruptcy search) are those expenses deductible from the legacy or an administration expense payable out of the residuary estate? The Will provides no instructions on this point.

In circumstances where a testator leaves a pecuniary legacy to an overseas beneficiary and there will be expenses incurred in remitting the legacy to...

31st Jul

Q&As

A Will states: ‘I give £x to my granddaughter A’, who was an adopted granddaughter (living in US) but the adoption has since been dissolved and therefore the named individual is no longer a granddaughter of the testator. It is believed the gift will still pass as she is named, rather then being in a class of grandchildren, but what authority is there for this?

A Will states: ‘I give £x to my granddaughter A’, who was an adopted granddaughter (living in US) but the adoption has since been dissolved and...

31st Jul

Q&As

What are the considerations for a testator who wishes to make an English Will where they are domiciled in England and Wales and their estate is located in England apart from a shareholding in a foreign country?

What are the considerations for a testator who wishes to make an English Will where they are domiciled in England and Wales and their estate is...

31st Jul

Q&As

When a grant of probate has been issued to two executors and one subsequently loses mental capacity, is the grant still valid?

When a grant of probate has been issued to two executors and one subsequently loses mental capacity, is the grant still valid?In the above scenario,...

31st Jul

Q&As

Can personal representatives sell loan notes in an estate during the administration period?

Can personal representatives sell loan notes in an estate during the administration period?Loan notes are often subject to specific transfer...

31st Jul

Q&As

A has inherited a share of their parents' property subject to a life interest granted to the surviving parent. A is also the executor: does A need to take steps to register their new interest?

A has inherited a share of their parents' property subject to a life interest granted to the surviving parent. A is also the executor: does A need to...

31st Jul

Q&As

Can any condition be stated for fulfillment of a legacy under a Will? In particular, could a testator leave legacies to their grandchildren on the basis that they each carry out and pass a drug test?

Can any condition be stated for fulfillment of a legacy under a Will? In particular, could a testator leave legacies to their grandchildren on the...

31st Jul

Q&As

If a guarantee agreement attached to an assured shorthold tenancy states 'should the guarantor die during the currency of this agreement the guarantor's estate shall be liable as surety and co-principal debtor', is this clause enforceable?

If a guarantee agreement attached to an assured shorthold tenancy states 'should the guarantor die during the currency of this agreement the...

31st Jul

Q&As

Is there a definition in case law or any guidance for what will constitute 'jewellery' under section 809X(4) and 'personal use' under section 809Z2(1)(b) of the Income Tax Act 2007?

Is there a definition in case law or any guidance for what will constitute 'jewellery' under section 809X(4) and 'personal use' under section...

31st Jul

Q&As

If a person is appointed as both executor and trustee but has power as executor reserved in the grant, would they need to retire as trustee from an ongoing life interest trust as they did not take out the grant?

If a person is appointed as both executor and trustee but has power as executor reserved in the grant, would they need to retire as trustee from an...

31st Jul

Q&As

Husband (H) and wife (W) executed mutual Wills both containing the statement that the ‘Wills shall not be revoked or altered either during our joint lives or by the survivor of us’. W has now died. Under what circumstances could H make changes to his Will?

Husband (H) and wife (W) executed mutual Wills both containing the statement that the ‘Wills shall not be revoked or altered either during our joint...

31st Jul

Q&As

Where an executor signs a supplemental agreement to an option agreement, prior to obtaining the grant of probate, is that supplemental agreement valid?

Where an executor signs a supplemental agreement to an option agreement, prior to obtaining the grant of probate, is that supplemental agreement...

31st Jul

Q&As

Is it possible to appropriate a lifetime gift left in a Will into the name of the charity before selling it to avoid paying capital gains tax or is there a different method to follow in order to fulfil the donors wish and transfer the property? Could it be done via a simple transfer deed, with the consideration being £1? If this happened, would the donor (seller) be faced with a large tax bill?

Is it possible to appropriate a lifetime gift left in a Will into the name of the charity before selling it to avoid paying capital gains tax or is...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 31st Jul

Q&As

Can executors appointed within a Will exchange contracts for the sale of property owned by the deceased before a grant of probate is issued? If so, do all executors need to be a party to the contract or will that depend on the terms of their appointment in the Will?

Can executors appointed within a Will exchange contracts for the sale of property owned by the deceased before a grant of probate is issued? If so, do...

31st Jul

Q&As

Where a testator has appointed four executors in their Will and one (A) has lost mental capacity but has a registered enduring power of attorney, can A’s attorneys apply for the grant of probate on A's behalf along with the other three executors?

Where a testator has appointed four executors in their Will and one (A) has lost mental capacity but has a registered enduring power of attorney, can...

31st Jul

Q&As

Will Kenya recognise a UK will and grant of probate where the will purported to dispose of Kenyan property?

Will Kenya recognise a UK will and grant of probate where the will purported to dispose of Kenyan property?The guidance available on Lexis®PSL and...

31st Jul

Q&As

Does the doctrine of satisfaction apply to gifts made out of income as well as gifts made from capital?

Does the doctrine of satisfaction apply to gifts made out of income as well as gifts made from capital?In this Q&A, we have made a presumption against...

31st Jul

Q&As

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Latest Private Client News

No costs protection after late withdrawal of Will challenge (Goodwin v Avison)

HMRC settles US$1bn General Electric tax fraud lawsuit

Private Client weekly highlights—16 September 2021

Whose fraud is it anyway? The effect of forgery and the defence of illegality on equitable property interests (Victus (2) v Munroe; Benjamin v Victus (1))

Featured Private Client content

Notaries and notarisation—notarisation

Beddoe applications

When can a mistake in an executed deed be rectified by a manuscript amendment rather than by a deed of rectification?

Trustees—removal of trustees

Most recent Q&As content

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Easements and perpetuities

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