Spouses, civil partners and cohabitants

Explore the intricate legal landscape of rights and obligations for spouses, civil partners, and cohabitants. This topic offers expert guidance tailored to the specifics of marital, civil partnership, and cohabitation law, grounding your practice in up-to-date legislation and case law. Skillfully navigate asset division, inheritance claims, and other crucial matters to deliver comprehensive legal solutions for clients across various relationship statuses.

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Cohabitation Marital/civil partnership agreements Tax implications of marriage/civil partnership Trusts and divorce Trusts of land

Latest Private Client News

Private Client weekly highlights—12 November 2026

Private Client weekly highlights—12 November 2026

This week’s edition of Private Client highlights includes: (1) analysis of Collins v Collins, in which the High Court appointed one sibling as...

Interpreting a devise—beneficial gift or a gift on trust? (Exeter City Council v Macklin)

Interpreting a devise—beneficial gift or a gift on trust? (Exeter City Council v Macklin)

Private Client analysis: The High Court held that a devise to Exeter City Council was a beneficial gift, rather than a gift on trust, despite...

FTT partly allows the taxpayer’s appeal in relation to legal professional privilege (Hogan Lovells Cadwalader International LLP v HMRC)

FTT partly allows the taxpayer’s appeal in relation to legal professional privilege (Hogan Lovells Cadwalader International LLP v HMRC)

Tax analysis: In Hogan Lovells Cadwalader International LLP v HMRC, the First-tier Tax Tribunal (FTT) considered whether three documents withheld by...

Question of the week: Where a party has previously executed deeds of waiver in relation to a loan arrangement for inheritance tax (IHT) planning purposes, but the original documents have since been lost, what legal mechanisms are available to confirm the existence and terms of the waivers without restarting the seven-year period for IHT purposes? Specifically, can the waivers be reaffirmed through a deed of confirmation or affidavit referencing contemporaneous evidence such as drafts, correspondence, or attendance notes? Or does the absence of the original deeds render the waivers ineffective for IHT purposes?

Question of the week: Where a party has previously executed deeds of waiver in relation to a loan arrangement for inheritance tax (IHT) planning purposes, but the original documents have since been lost, what legal mechanisms are available to confirm the existence and terms of the waivers without restarting the seven-year period for IHT purposes? Specifically, can the waivers be reaffirmed through a deed of confirmation or affidavit referencing contemporaneous evidence such as drafts, correspondence, or attendance notes? Or does the absence of the original deeds render the waivers ineffective for IHT purposes?

This Q&A considers the legal mechanisms available to confirm the existence and terms of previously executed deeds that have been lost, particularly in...

Featured Private Client content

Nature and classification of trusts—the three certainties

Nature and classification of trusts—the three certainties

Nature and classification of trusts—the three certaintiesCertaintyIn order for a settlor to create a private express trust the three certainties must...

Protectors

Protectors

ProtectorsWhat is a protector?A protector is a person who holds powers under a trust but who is not a trustee. A protector is a person who is...

Preparing the application form PA1P/PA1A for probate or letters of administration

Preparing the application form PA1P/PA1A for probate or letters of administration

Preparing the application form PA1P/PA1A for probate or letters of administrationFORTHCOMING CHANGE: The postal application forms PA1P and PA1A for...

Administration actions—personal representatives and the deceased's liabilities

Administration actions—personal representatives and the deceased's liabilities

Administration actions—personal representatives and the deceased's liabilitiesAn individual may assume obligations, for example in respect of...

Precedents

Loan agreement—individuals

Loan agreement—individualsDATE:Parties1[[name] of [address] [and [name] of [address]] OR [name] and [name] both of [address]] (Lender[s])2[[name] of...
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2nd Jun
Practice notes

The Cy-près doctrine

The Cy-près doctrineFORTHCOMING CHANGE: The Charities Act 2022 (CA 2022) received Royal Assent on 24 February 2022 and will be implemented on a...
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30th May
Practice notes

Trustees—appointment of trustees

Trustees—appointment of trusteesOriginal trusteesTrustees will usually be appointed by the instrument that brings the trust into existence. The trust...
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2nd Jun
tag iconIn-house
Practice notes

Death in service benefits

Death in service benefitsOverview of the types of death in service benefits and their tax treatmentThere are three types of death in service...
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Produced in partnership with Eleanor Walsh, Lily Hurley and Emily Cook of Sinclair Gibson LLP
30th May
Practice notes

Assent of assets by personal representatives

Assent of assets by personal representativesPersonal representatives (PRs) can transfer assets to beneficiaries in any way that would also be...
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2nd Jun
Q&As

A trust holds the beneficial ownership of shares in a company of which one trustee is a director. Of the three beneficiaries, two are adults and there is a declaration of trust in respect of the shares held for them. The other is a minor and there is a separate declaration of trust for him. What would or should happen to the company shares on the death of a beneficiary? Neither declaration of trust deals with this issue.

A trust holds the beneficial ownership of shares in a company of which one trustee is a director. Of the three beneficiaries, two are adults and there...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
13th Oct
Practice notes

Intermeddling in an estate

Intermeddling in an estateWhat is intermeddling?An individual who performs certain duties which a personal representative (PR) would perform to...
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Produced in partnership with Jenny Bird and Charlotte Kynaston of Macfarlanes
2nd Jun
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...
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2nd Jun
Practice notes

Trusts as a vehicle for holding company shares

Trusts as a vehicle for holding company sharesIntroductionMany trusts own shares as part of a portfolio of investments. This Practice Note looks at...
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2nd Jun
Practice notes

Benevolent funds

Benevolent fundsFORTHCOMING CHANGE: The Charities Act 2022 (CA 2022) received Royal Assent on 24 February 2022 and will be implemented on a staggered...
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30th May
Practice notes

Creation of trusts—life insurance trusts

Creation of trusts—life insurance trustsDefining life insurance trustsA life insurance trust usually involves either:•an assignment of an insurance...
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30th May
Practice notes

Lifetime gifts

Lifetime giftsA lifetime gift is a gratuitous transfer of ownership of any property between living persons and not made in expectation of death. In...
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2nd Jun
Practice notes

Source of income (and private client)

Source of income (and private client)When advising an individual on cross-border or offshore tax planning, it is important to establish the 'source'...
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2nd Jun
Practice notes

Liferent trusts—Scotland

Liferent trusts—ScotlandLiferent trustsA liferent trust (or trust liferent) is a trust which, when settled, confers a use and income benefit, or both,...
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Produced in partnership with Pete Murrin of Turcan Connell
13th Oct
tag iconScottish Law
Q&As

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...
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Produced in partnership with Emma Holland of Stewarts Law
13th Oct
Practice notes

Advantages and disadvantages of an offshore trust

Advantages and disadvantages of an offshore trustAn offshore trust is a trust where the trustees are resident in a low or zero tax jurisdiction....
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Produced in partnership with Mourant Ozannes
13th Oct

Popular documents

What is the difference between an appeal and a review?

What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a

If a rentcharge is shown as being informally exonerated on title information, does this apply to the

If a rentcharge is shown as being informally exonerated on title information, does this apply to the current registered owner? Or does the informal exoneration only apply to the parties to the document which informally exonerated the rentcharge?This Q&A considers the situation where, at some point

Strike out—making an application to strike out a statement of case

Strike out—making an application to strike out a statement of caseA strike out order can be made either following an application by the parties or on the court's own initiative. This Practice Note deals with the scenario of the order being made following a party's application.Making an application

Glossary—Latin legal terms

Glossary—Latin legal termsDespite attempts in recent years to simplify the language used in legal cases, there are still a number of Latin phrases commonly used in personal injury claims. The following Latin phrases are listed in alphabetical order:Latin termDefinitionMeaningActa iure imperiiLegal