Trusts

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Practice notes
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 Peter Murrin of Turcan Connell 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
Nature and classification of trusts—the three certaintiesCertaintyIn order for a settlor to create a private express trust the three certainties must...
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19th May
Practice notes
Creation of trusts—beneficiariesWho may be beneficiariesEvery person who would be capable of owning property if of full age and sound mind may be a...
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19th May
Practice notes
CGT—reliefsFORTHCOMING CHANGE: On 14 July 2020, the Office of Tax Simplification (OTS) published its online survey and a call for evidence to seek...
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19th May
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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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
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
Costs and expenses in the Court of ProtectionThere are court fees and disbursements which will be payable by all applicants on making a new...
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19th May
Practice notes
Trust disputes—court jurisdiction and procedureTrust litigation has been classified as being of three types:•a dispute as to the trusts on which...
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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
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
Practice notes
Statutory Wills—Court of Protection applicationsWhat is a statutory Will?Where a person is incapable of making a valid Will for themselves, the Court...
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19th May
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 Peter Murrin of Turcan Connell 19th May
Practice notes
Beneficial ownership registers—private clients and trustsCORONAVIRUS (COVID-19): Certain aspects of the PSC regime are affected by temporary measures...
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19th May

Most recent Trusts content

Practice notes
Establishing a beneficial interest (joint ownership)Where two or more people together own real property, they hold it under a trust of land. Where...
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28th Jul
Practice notes
Brexit—implications for data protectionThis Practice Note discusses the impact of Brexit on the general processing of personal data under the General...
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25th Jul
Practice notes
Data protection principlesOn 31 January 2020, the UK ceased to be a member of the EU and EEA. Given the extensive data flows between the EEA and UK,...
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Produced in partnership with Pillsbury Winthrop Shaw Pittman LLP 25th Jul
Practice notes
Trusts—disclosure of beneficial ownership information via the Trust Registration Service (TRS) and record-keepingMoney Laundering Regulations 2017 and...
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23rd Jul
Practice notes
Trust Registration Service (TRS)Background to the Trust Registration Service (TRS)HMRC's online Trust Registration Service (TRS) was designed to...
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21st Jul
Practice notes
The Bribery Act 2010—an introductory guideThe Bribery Act 2010 (BA 2010) was passed to ensure the UK’s compliance with the Organisation for Economic...
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Produced in partnership with Joanne Kane of Carmelite Chambers 21st Jul
Practice notes
Verification of documents and informationCoronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by procedural...
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21st Jul
Q&As
Can a pre-2010 discretionary trust be varied to alter the accumulation period, where the primary beneficiary is 21 and has learning disabilities?An...
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20th Jul
Q&As
Does the restriction in section 36(9) of the Trustee Act 1925 (TA 1925) (requiring the Court of Protection’s approval before an incapacitated trustee...
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Produced in partnership with Graham Stott of 3 Paper Buildings 20th Jul
Q&As
What specific information should be included in the main body of a statutory declaration? And what information should the solicitor provide to the...
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20th Jul
Practice notes
Development of sanctions regime in the UK during the Brexit transition period [Archived]ARCHIVED: This Practice Note has been archived and is not...
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19th Jul
Practice notes
Beneficial ownership registers—private clients and trustsCORONAVIRUS (COVID-19): Certain aspects of the PSC regime are affected by temporary measures...
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15th Jul
Q&As
Can a company which is wholly owned by a trust be appointed as a trustee of that trust?This Q&A assumes that:•the company is incorporated under...
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15th Jul
Q&As
In whom does the statutory power of appointment of new trustees vest in the event that all trustees die at the same time? The trust deed is silent on...
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15th Jul
Q&As
A trust deed reserves power to the settlor to appoint and remove trustees. The settlor is not a trustee of the trust. The settlor has lost capacity...
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Produced in partnership with Naomi O’Higgins of Howard Kennedy 15th Jul

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