Personal injury and disabled persons trusts

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Practice notes
What is an offshore trust?A trust is formed either by lifetime gift or on death when a person (the settlor) transfers assets to another person or...
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Produced in partnership with Mourant Ozannes and Carey Olsen 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
Taxation of age 18–25 trusts—IHTThe special category of age 18–25 trusts was introduced by Finance Act 2006 (FA 2006) to offer some compensation for...
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Produced in partnership with Paul Davies of Clarke Willmott 19th May
Practice notes
CGT—giftsA gift of an asset is a disposal for capital gains tax (CGT) purposes. It can, therefore, trigger a CGT charge on the gain deemed to have...
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Produced in partnership with Laura Poots (Barrister) of Pump Court Tax Chambers 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
Q&As
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 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—statutory powers of trusteesSource and availabilitySourcesTrustees have certain powers conferred on them by statute, in particular by the...
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19th May
Q&As
At what stage and to whom can a Deed of Appropriation take place when selling a second property in an estate?We assume you refer to the situation when...
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19th May
Practice notes
Creation of trusts—blind trustsWhat is a blind trust?A blind trust is a trust that is aimed at preventing conflicts of interest arising. Usually, the...
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Produced in partnership with Michael O’Sullivan of 5 Stone Buildings 19th May
Q&As
Can a life tenant in a Will bring a life interest to an end by choosing to end it themselves or does it only expire on death?Life tenantsA life...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 19th May
Practice notes
Capacity to litigateOn the face of it, there would appear to be no specific impediment, if there is no reason to suppose that a person is without...
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19th May
Practice notes
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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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

Most recent Personal injury and disabled persons trusts content

Q&As
Can the trustees of a personal injury trust governed by English law acquire real property in Scotland? Are there any restrictions under Scottish law...
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1st Aug
Q&As
Does a personal injury bare trust preserve a person's entitlement to benefits or protect the lump sum award being taken into account for means-tested...
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Produced in partnership with Rosalind Hamlyn of Thomson Snell and Passmore LLP 1st Aug
Q&As
Are personal injury trusts governed by English Trust law recognised in Gibraltar? Further, are trustees of a personal injury trust able to acquire...
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1st Aug
Q&As
Can a trust of which the beneficiaries are disabled minors qualify as a vulnerable beneficiary trust for tax purposes?Vulnerable beneficiary...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 1st Aug
Q&As
Can a claimant who lacks capacity have the damages paid into a Personal Injury trust rather than a deputyship?Where an individual is in receipt of...
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1st Aug
Q&As
Is a beneficiary with autism a disabled person in order for the trust to qualify as a disabled person’s interest for inheritance tax purposes?Section...
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1st Aug
Q&As
How effective is a trust for a disabled beneficiary, on such terms as to fall into section 89 of the Inheritance Tax Act 1984, to protect assets from...
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1st Aug
Q&As
What impacts, if any, do the SDLT regulations have on personal injury trusts?There do not appear to be any direct SDLT rules that applying...
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31st Jul
Q&As
Can trustees of a personal injury bare trust make gifts to third parties out of the trust fund if directed to do so by the beneficiary of the...
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Produced in partnership with Andrew Wilson 31st Jul
Q&As
What are the tax advantages of a trust for a disabled (adult) child in a Will as opposed to a normal discretionary Will trust?The legislation...
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31st Jul
Q&As
Can compensation for a fatal injury be added to a Personal Injury Trust to protect the recipient's current and/or future entitlement to means tested...
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Produced in partnership with Andrew Wilson 31st Jul
Q&As
If a claimant has spent their interim payment money on purchasing a house within the 52-week disregard, can the house later be transferred into a...
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31st Jul
Q&As
Can settlement monies from a wrongful birth claim go into a personal injury trust?A personal injury trust is characterised by the source of its...
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31st Jul

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