Private Client in Scotland

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Practice notes
On the face of it, there would appear to be no specific impediment, if there is no reason to suppose that a person is without capacity, in them...
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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 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
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
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
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
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
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
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
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
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
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
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 partial deed of revocation is made on [date] by [donor] of [address].1I granted a Lasting Power of Attorney for [Financial Decisions/Health and...
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9th Nov
Practice notes
Liferent trustsA liferent trust (or trust liferent) is a trust which, when settled, confers a use and income benefit, or both, in the trust property...
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Produced in partnership with Peter Murrin of Turcan Connell 12th Jan
Practice notes
An offshore trust is any non-UK resident trust. The liability of trustees of an offshore trust to UK inheritance tax (IHT) is not dependent on the...
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Produced in partnership with Jenny Wilson-Smith and Emma Haley of Boodle Hatfield 12th Jan

Most recent Private Client in Scotland content

Practice notes
This table below contains an archive of news analysis on Scotland and Scots law developments of general application and those which affect various...
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9th Apr
Practice notes
The tracker is split into two main parts:•tracking by country, which is split down into:◦Wales◦Scotland, and◦Northern Ireland, and•tracking by tax,...
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9th Apr
Practice notes
Devolution is the process of pushing down decision-making to lower levels within the nation-state. Specifically, it refers to the process of giving...
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9th Apr
Practice notes
Decisions on creating a charityWhen creating a charity, there are critical decisions to be made about the choice of legal vehicle and on how to...
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Produced in partnership with Gavin McEwan of Turcan Connell 9th Apr
Practice notes
Revocation by the settlorTestamentary trustsWill trusts (or testamentary trusts) are capable of being revoked up until they come into effect on death....
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Produced in partnership with Peter Murrin of Turcan Connell 9th Apr
Practice notes
This Practice Note examines the changes to the law of succession created by the Succession (Scotland) Act 2016 (S(S)A 2016). It provides information...
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Produced in partnership with Jacqueline Leslie of Harper Macleod LLP 9th Apr
Practice notes
Forthcoming changes: On 31 January 2018, the Scottish government launched a consultation on a possible reform of the Adults with Incapacity (Scotland)...
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Produced in partnership with Dorothy Kellas of Gilson Gray LLP 9th Apr
Practice notes
Protection against disinheritanceWhere a person dies domiciled in Scotland, legal rights form part of the entitlement of the deceased's spouse and...
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Produced in partnership with Jacqueline Leslie of Harper Macleod LLP 9th Apr
Practice notes
Appointment as trustee in Will or deedIn practice, trustees are appointed (or nominated) in the relevant or applicable deed of trust. For Will trusts...
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Produced in partnership with Peter Murrin of Turcan Connell 9th Apr
Practice notes
It is worth noting at the outset that powers will enable trustees to act and give effect to the trust purposes whereas duties will compel trustees to...
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Produced in partnership with Peter Murrin of Turcan Connell 9th Apr
Practice notes
Civilian origin of Scots trust law and fideicommissumThe law of trusts in Scotland is significantly different from the law of trusts in England in...
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Produced in partnership with Yvonne Evans, Law Lecturer, Solicitor (non-practising), TEP, University of Dundee 9th Apr
Practice notes
What is a discretionary trust?A discretionary trust or discretionary settlement is an arrangement created when an individual—or...
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Produced in partnership with Peter Murrin of Turcan Connell 9th Apr
Practice notes
This is a glossary of common words and expressions used in Scottish private client law with the nearest England and Wales equivalent (where relevant)...
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9th Apr
Practice notes
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...
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Produced in partnership with David Blair, Solicitor at Anderson Strathern 8th Apr
Practice notes
The rules regarding execution of documents governed by the laws of Scotland are contained in:•the Requirements of Writing (Scotland) Act 1995 (RW(S)A...
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Produced in partnership with David Blair, Solicitor at Anderson Strathern 8th Apr
Practice notes
Members of the public are normally welcome to visit the courts and tribunals in Scotland for many reasons, including to support those involved with...
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24th Mar
Practice notes
Coronavirus (COVID-19): Due to potential difficulties in having paperwork signed during the coronavirus (COVID-19) pandemic, HMRC has confirmed that...
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Produced in partnership with Jacqueline Leslie 12th Mar
Practice notes
Coronavirus (COVID-19) : Due to potential difficulties in having paperwork signed during the coronavirus (COVID-19) pandemic, HMRC has confirmed that...
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Produced in partnership with Jacqueline Leslie 12th Mar
Practice notes
What is a trust for (or with) a vulnerable beneficiary?A trust for a vulnerable beneficiary will fall into one of two categories:•a disabled person's...
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Produced in partnership with Peter Murrin of Turcan Connell 9th Mar
Practice notes
Trust administration in practise might be informed by:•the type and nature of the trust•the type of trust property held by the trustees•the identity...
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Produced in partnership with Peter Murrin of Turcan Connell 9th Mar

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