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Practice notes
Creation of trusts—express trustsConstituents of a trustWhen drafting, keep in mind that the essentials of creating a validly constituted trust...
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19th May
Practice notes
Trustees—appointment of trusteesOriginal trusteesTrustees will usually be appointed by the instrument that brings the trust into existence. The trust...
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19th May
Practice notes
Taxation of age 18–25 trusts—IHTThe special category of age 18–25 trusts was introduced by Finance Act 2006 (FA 2006) to offer some compensation for...
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Produced in partnership with Paul Davies of Clarke Willmott 19th May
Practice notes
Private Client—Luxembourg—Q&A guideTaxation regimeWhat factors determine tax liability in your jurisdiction (eg domicile, residence or...
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Produced in partnership with Eric Fort of Arendt & Medernach 19th May
Practice notes
CGT—giftsA gift of an asset is a disposal for capital gains tax (CGT) purposes. It can, therefore, trigger a CGT charge on the gain deemed to have...
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Produced in partnership with Laura Poots (Barrister) of Pump Court Tax Chambers 19th May
Practice notes
Beddoe applicationsWhen trustees are engaged in trust litigation, issues often arise as to how their litigation costs are to be funded. A Beddoe...
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Produced in partnership with Kate Davenport QC of Outer Temple Chambers and Adele Isaacs of Bankside Chambers 19th May
Precedents
This Deed OF REVOCATION is made on [date] by me [name of donor] of [address of donor].This Deed provides:1Revocation...
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19th May
Practice notes
Trustees—removal of trusteesA trustee may be removed against their will in any of the following ways:•under an express power in the trust...
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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?We assume you refer to the situation when...
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19th May
Practice notes
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...
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Produced in partnership with Michael O’Sullivan of 5 Stone Buildings 19th May
Practice notes
The Cy-près doctrineFORTHCOMING CHANGE: On 22 March 2021, the government published its response  to the Law Commission’s report of 14 September 2017,...
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19th May
Practice notes
Assessment for residential accommodationCoronavirus (COVID-19): The content of this Practice Note is temporarily affected by the coronavirus...
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19th May
Practice notes
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...
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19th May
Practice notes
Offshore trusts—offshore income gains (OIGs)Offshore income gains (OIGs) are gains realised on the disposal of interests in offshore funds which are...
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19th May
Practice notes
Trustees—self-dealing, unauthorised profits and conflicts of interestThe self-dealing ruleThe self-dealing rule is connected to, but distinct from,...
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19th May
Practice notes
Acceptance in Lieu scheme and other heritage property reliefsSTOP PRESS: HMRC has updated its guidance on calculating the special price in Acceptance...
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19th May

Most recent Private Client in Scotland content

Q&As
Can the trustees of a personal injury trust governed by English law acquire real property in Scotland? Are there any restrictions under Scottish law...
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15th Jul
Practice notes
Scottish trust law—overview and historical developmentCivilian origin of Scots trust law and fideicommissumThe law of trusts in Scotland is...
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Produced in partnership with Yvonne Evans of University of Dundee 14th Jul
Practice notes
Variation of trusts—ScotlandUnder the common law, the opportunities for varying the terms or purposes of a trust are very limited once the trust has...
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Produced in partnership with Yvonne Evans of University of Dundee 13th Jul
Practice notes
Rights of beneficiaries under Scottish lawGeneral nature of beneficiaries’ rightsThe right of the beneficiaries of a trust is generally considered in...
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Produced in partnership with Yvonne Evans of University of Dundee 13th Jul
Practice notes
Nature and classification of trusts—ScotlandDefinitionsIt is difficult to find a wholly satisfactory definition of ‘trust’, given the range of...
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Produced in partnership with Yvonne Evans of University of Dundee 9th Jul
Practice notes
Creation of trusts in ScotlandExpress creation of trustsA trust is constituted expressly where the owner of property (the truster) transfers property...
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Produced in partnership with Yvonne Evans of University of Dundee 9th Jul
Practice notes
Claims by cohabitants on intestacy in Scotland (Private Client)This Practice Note discusses the provisions under section 29 of the Family Law...
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Produced in partnership with Yvonne Evans of University of Dundee 8th Jul
Practice notes
Scotland: Land and buildings transaction tax (LBTT)—the basicsLand and buildings transaction tax (LBTT) replaced stamp duty land tax (SDLT) in...
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Produced in partnership with Ronnie Brown of Burness Paull 23rd Jun
Practice notes
Trusts for vulnerable persons—ScotlandWhat is a trust for (or with) a vulnerable beneficiary?A trust for a vulnerable beneficiary will fall into one...
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Produced in partnership with Pete Murrin of Turcan Connell 15th Jun
Practice notes
Powers and duties of trustees—ScotlandIt is worth noting at the outset that powers will enable trustees to act and give effect to the trust purposes...
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Produced in partnership with Pete Murrin of Turcan Connell 15th Jun
Practice notes
Discretionary trusts—ScotlandWhat is a discretionary trust?A discretionary trust or discretionary settlement is an arrangement created when an...
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Produced in partnership with Pete Murrin of Turcan Connell 15th Jun
Practice notes
Termination of trusts—ScotlandRevocation by the settlorTestamentary trustsWill trusts (or testamentary trusts) are capable of being revoked up until...
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Produced in partnership with Pete Murrin of Turcan Connell 15th Jun
Practice notes
Personal Injury trusts—ScotlandWhat is a Personal Injury (‘PI’) trust?A PI trust is:•any form of legal trust structure•holding payments received in...
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Produced in partnership with Pete Murrin of Turcan Connell 15th Jun
Practice notes
Appointment and removal of trustees—ScotlandAppointment as trustee in Will or deedIn practice, trustees are appointed (or nominated) in the relevant...
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Produced in partnership with Pete Murrin of Turcan Connell 15th Jun
Practice notes
Application for confirmation in Scotland—intestate casesCoronavirus (COVID-19) : Due to potential difficulties in having paperwork signed during the...
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Produced in partnership with Jacqueline Leslie of Harper Macleod LLP 9th Jun
Practice notes
Wills in Scotland—overviewCORONAVIRUS (COVID-19): Some of the formal requirements for a valid Will in Scotland have been relaxed during the...
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Produced in partnership with Jacqueline Leslie of Harper Macleod LLP 9th Jun
Practice notes
Application for confirmation in Scotland—testate casesCoronavirus (COVID-19): Due to potential difficulties in having paperwork signed during the...
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Produced in partnership with Jacqueline Leslie of Harper Macleod LLP 9th Jun
Practice notes
Coronavirus (COVID-19)—Scotland trackerThis table below contains an archive of news analysis on Scotland and Scots law developments of general...
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6th Jun
Q&As
If someone is domiciled in Scotland will their assets in England be bound by forced heirship rules, or just to those held in Scotland.We refer you to...
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6th Jun
Q&As
Where an individual claims to have been overlooked in a Will and is struggling financially, can a Scottish charity dealing with a Scottish legacy give...
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6th Jun

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