Private Client in Scotland

View Private Client by content type:

Latest Private Client News

Featured Private Client content

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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
Produced in partnership with Kate Davenport QC of Outer Temple Chambers and Adele Isaacs of Bankside Chambers 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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
Produced in partnership with Jenny Wilson-Smith and Emma Haley of Boodle Hatfield 12th Jan
Practice notes
Express creation of trustsA trust is constituted expressly where the owner of property (the truster) transfers property to trustees to hold for...
Read More >
Produced in partnership with Yvonne Evans, Law Lecturer, Solicitor (non-practising), TEP, University of Dundee 12th Jan

Most recent Private Client in Scotland content

Practice notes
This Practice Note describes who can be appointed as financial guardian to an adult over the age of 16 in Scotland and the steps required to complete...
Read More >
Produced in partnership with Dorothy Kellas of Gilson Gray 8th Jan
Practice notes
This Practice Note describes the court process to appoint a welfare and/or financial guardian to an adult over the age of 16 in Scotland from the...
Read More >
Produced in partnership with Karen Jack 8th Jan
Precedents
By[name of granter]In favour of[names(s) of Attorney(s)](Continuing and Welfare Attorney(s))[year][Agent details]Ref: [...]I, [name of granter],...
Read More >
Produced in partnership with Dorothy Kellas of Gilson Gray 8th Jan
Practice notes
What is a Personal Injury (‘PI’) trust?A PI trust is:•any form of legal trust structure•holding payments received in consequence of a personal...
Read More >
Produced in partnership with Peter Murrin of Turcan Connell 8th Jan
Practice notes
This Practice Note summarises the issues to consider before making an application to appoint a welfare and/or financial guardian for an adult over the...
Read More >
8th Jan
Practice notes
The Scottish general anti-avoidance rule (Scottish GAAR) aims to protect revenue through counteracting tax avoidance arrangements, and is intended to...
Read More >
Produced in partnership with Andrew Ford of Barr & Ford Limited 8th Jan
Practice notes
Historical backgroundTrusts for charitable purposes, as a subset of the concept of public trusts in Scotland, may be considered the precursors to...
Read More >
Produced in partnership with Gavin McEwan of Turcan Connell 8th Jan
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...
Read More >
Produced in partnership with Peter Murrin of Turcan Connell 8th Jan
Practice notes
Unrestricted funds—general use of assetsThe general principle which applies to the use of charity assets is that absent any specific restriction, both...
Read More >
Produced in partnership with Gavin McEwan of Turcan Connell 8th Jan
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...
Read More >
Produced in partnership with Yvonne Evans, Law Lecturer, Solicitor (non-practising), TEP, University of Dundee 8th Jan
Practice notes
Self-regulatory regime in ScotlandApart from some limited statutory provisions, charity fundraising in Scotland is self-regulated. Since July 2016,...
Read More >
Produced in partnership with Gavin McEwan of Turcan Connell 8th Jan
Q&As
We refer you to our Practice Note: Legal rights—Scotland, which explains the forced heirship rules that apply in Scotland and how these rights apply...
Read More >
7th Dec
Precedents
I, [person disclaiming legal rights], residing at [ ] have had notified and explained to me the effect of the provisions of the Will of my late...
Read More >
29th Nov
Precedents
Our ref: [Client - Code/Matter - Matter Code/Matter - Fee Earner Initials]Your ref: [insert ref][insert full address][insert date]Dear [insert...
Read More >
29th Nov
Precedents
Our ref: [Client - Code/Matter - Matter Code/Matter - Fee Earner Initials]Your ref: [insert ref][insert full address][insert date]Dear [insert...
Read More >
29th Nov
Q&As
Succession to immovable property is governed by the law of the country where it is located and succession to moveable property will be governed by the...
Read More >
29th Nov
Q&As
Unless the charity is aimed at relieving poverty, and the individual would qualify as an object of the charity and meet any other relevant criteria,...
Read More >
29th Nov
Q&As
Both street collections and house to house collections are covered by the Public Charitable Collections (Scotland) Regulations 1984, SI 1984/565 (the...
Read More >
29th Nov

Popular documents