Spouses, civil partners and cohabitants

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Practice notes
The term 'relevant property' defines a category of trust property which is subject to a special regime for inheritance tax (IHT). As described in...
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Produced in partnership with Paul Davies of Clarke Willmott 12th Jan
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
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
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
Practice notes
Express creation of trustsA trust is constituted expressly where the owner of property (the truster) transfers property to trustees to hold for...
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Produced in partnership with Yvonne Evans, Law Lecturer, Solicitor (non-practising), TEP, University of Dundee 12th Jan

Most recent Spouses, civil partners and cohabitants content

Practice notes
The cohabitantThe Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) permits a claim by a person who has cohabited with the...
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9th Apr
Practice notes
STOP PRESS: The Office of Tax Simplification (OTS) published its first report on the review of capital gains tax (CGT) on 11 November 2020. This...
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Produced in partnership with Emma Haley of Boodle Hatfield LLP 9th Apr
Practice notes
Section 18 of the Inheritance Tax Act 1984 (IHTA 1984) contains an unlimited exemption from inheritance tax (IHT) for transfers of value between...
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9th Apr
Practice notes
Interaction of matrimonial and other lawsMarriage can affect the rights of the parties in one or more of the following ways:Matrimonial contract and...
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Produced in partnership with Richard Frimston and Helen Tulloch of Russell-Cooke Solicitors LLP 9th Apr
Practice notes
Under the provisions of section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996), the court is able to make...
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9th Apr
Practice notes
Part 7 or Part 8?Prior to April 2007, the practice direction to CPR 8 provided that where before 26 April 1999, a claim in the High Court was begun by...
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9th Apr
Practice notes
Co-ownershipWhere property is purchased in the joint names of two or more co-owners a statutory ‘trust of land’ arises. Trustee Act 1925, s 34(2)...
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8th Apr
Practice notes
Capacity to sellTrustees of land have all the powers of an absolute owner in relation to the land which is subject to the trust. A buyer from trustees...
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8th Apr
Practice notes
The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) came into force on 1 January 1997. Under it:•the trust for sale is replaced by...
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8th Apr
Practice notes
Severance is the process by which a joint tenancy is converted into a tenancy in common. It is a matter of evidence whether severance has...
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8th Apr
Practice notes
Note: In practice, the terms ‘equitable’ and ‘beneficial’ tend to be used interchangeably when describing any interest in land which is not a legal...
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8th Apr
Practice notes
Resulting trusts represent one of the three types of trust which do not require to be declared or evidenced in writing. The others are constructive...
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8th Apr
Practice notes
Guarantees (see Practice Note: Guarantees) and third party security (see Practice Note: Third party security) from individuals are relatively common...
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8th Apr
Q&As
See Practice Note: Severance of a joint tenancy, which explains that section 196 of the Law of Property Act 1925 (LPA 1925) sets out the requirements...
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29th Mar
Practice notes
Where two or more people together own real property, they hold it under a trust of land. Where property is held on a trust of land, the legal estate...
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25th Mar
Practice notes
This Practice Note sets out the tax implications to be considered on relationship breakdown, ie separation, divorce or dissolution, including income...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 23rd Mar
Practice notes
This Practice Note sets out the tax implications of marriage and civil partnership and the rules that apply in relation to income tax, capital gains...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 23rd Mar
Practice notes
The parties to a marriage or civil partnership cannot contract out of the court’s jurisdiction to make orders for financial provision on divorce or...
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15th Mar

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