Personal injury and disabled persons trusts

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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
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...
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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
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...
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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
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 Personal injury and disabled persons trusts content

Practice notes
This Practice Note sets out the special income tax and capital gains tax (CGT) treatment of trusts for disabled persons. For guidance on how to make a...
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Produced in partnership with Phillipa Bruce-Kerr of Harrison Clark Rickerbys and Lynne Bradey of Wrigleys Solicitors LLP 9th Apr
Practice notes
Types of personal injury trustHow to choose between the different types of trustPersonal injury trusts are often considered in the context of the...
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Produced in partnership with Phillipa Bruce-Kerr of Harrison Clark Rickerbys 9th Apr
Practice notes
A ‘disabled trust’ is a trust which benefits from special inheritance tax (IHT) treatment. To benefit from the special treatment certain qualifying...
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Produced in partnership with Phillipa Bruce-Kerr of Harrison Clark Rickerbys 9th Apr
Practice notes
Inheritance tax and personal injury trustsIt is a common misconception among practitioners that using one type of personal injury trust or another...
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Produced in partnership with Phillipa Bruce-Kerr of Harrison Clark Rickerbys 9th Apr
Practice notes
For general guidance on the special income tax and capital gains tax (CGT) treatment of trusts for disabled persons, see Practice Note: Taxation of...
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Produced in partnership with Phillipa Bruce-Kerr of Harrison Clark Rickerbys and Lynne Bradey of Wrigleys Solicitors LLP 9th Apr
Practice notes
IntroductionIt is a sad fact that in many personal injury cases, particularly those involving the most catastrophic injuries, the injured person will...
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Produced in partnership with Phillipa Bruce-Kerr of Harrison Clark Rickerbys 9th Apr
Precedents
1RevocationI [full name of testator] of [address of testator] revoke all former testamentary dispositions made by me[ to the extent that and so far...
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6th Apr
Precedents
If [insert the full name and description of the disabled person who is the object of the trust, eg my said son Joe] of [insert full address of...
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6th Apr
Q&As
This answer is limited to the definition of a disabled beneficiary for inheritance tax (IHT) and does not consider the definition or implications for...
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Produced in partnership with Ward Hadaway 5th Mar
Q&As
It is important to establish the assets of a trust as when assessing capital for means tested benefits and care in a residential setting, ‘a payment...
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15th Feb
Precedents
This TRUST is made on [date]Parties1[name] of [address] acting by [name] of [address] (the Litigation Friend) and2[name] of [address] and [name] of...
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14th Feb
Q&As
Receipt of personal injury damages by a claimant, unless placed in trust, will affect assessable capital and income as regards means-tested...
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Produced in partnership with Rosalind Hamlyn of Thomson Snell and Passmore LLP 5th Feb
Q&As
Where an individual is in receipt of damages following a personal injury (PI) claim, the court (either the Court of Protection or the court hearing...
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5th Feb
Q&As
A living injured claimant who has received agreed damages or a court award, whether by way of interim payment or final compensation, may enter into a...
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Produced in partnership with Andrew Wilson 4th Feb
Q&As
The Trusts (Recognition) Act Gibraltar 1989 incorporated the provisions of the Hague Convention of 1 July 1985 on the Law Applicable to Trusts and on...
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3rd Feb
Q&As
Vulnerable beneficiary trustsThere are two types of vulnerable beneficiary trusts:•trusts for bereaved minors. Under section 71C of the Inheritance...
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Produced in partnership with Lynne Counsell of 9 Stone Buildings 22nd Jan
Q&As
Personal injury trusts are trusts which exist to allow an injured person to benefit from exemptions specifically available to injured people within...
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22nd Jan

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