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Government response to Law Commission report ‘Technical Issues in Charity Law’

The following Private Client news provides comprehensive and up to date legal information on Government response to Law Commission report ‘Technical Issues in Charity Law’

Appointment of administrator pending suit following difficulties financing former family home (Ugolor v Ugolor)

The following Private Client news provides comprehensive and up to date legal information on Appointment of administrator pending suit following difficulties financing former family home (Ugolor v Ugolor)

Bankruptcy annulment and divorce (Lin v Gudmundsson (a bankrupt) and others)

The following Private Client news provides comprehensive and up to date legal information on Bankruptcy annulment and divorce (Lin v Gudmundsson (a bankrupt) and others)

Continuing duties after Walsham—limitation and the pitfalls of delay (Equitas v Sande Investments)

The following Commercial news provides comprehensive and up to date legal information on Continuing duties after Walsham—limitation and the pitfalls of delay (Equitas v Sande Investments)

Featured Private Client content

Notaries and notarisation—notarisation

The principles of the notarial act are that it is:•an act of the notary and not of the parties named in the document•a record of a fact, event or...

Creation of trusts—blind trusts

What is a blind trust?A blind trust is a trust that is aimed at preventing conflicts of interest arising. Usually, the settlor and beneficiary of the...

Nature and classification of trusts—the three certainties

CertaintyIn order for a settlor to create a private express trust the three certainties must be present, namely:•certainty as to the intention of the...

Lifetime gifts

A lifetime gift is a gratuitous transfer of ownership of any property between living persons and not made in expectation of death. In contrast, gifts...

Practice notes

The meaning of relevant property

The term 'relevant property' defines a category of trust property which is subject to a special regime for inheritance tax (IHT). As described in...

Produced in partnership with Paul Davies of Clarke Willmott 12th Jan

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 either:•non-distributor offshore funds, or...

9th Nov

Practice notes

Trust disputes—sham trusts

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...

9th Nov

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 persons (the trustees) to hold...

Produced in partnership with Mourant Ozannes and Carey Olsen 12th Jan

Practice notes

Beddoe applications

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...

Produced in partnership with Kate Davenport QC of Outer Temple Chambers and Adele Isaacs of Bankside Chambers 12th Jan

Practice notes

Bermuda trusts

This Practice Note outlines Bermuda trust law and focuses upon its unique features and recent reforms, such as Bermuda's regime for private trust...

Produced in partnership with Vanessa Lovell Schrum and Caljonah Smith of Appleby, Bermuda 12th Jan

Practice notes

Cayman Islands STAR trusts—common uses

This Practice Note provides guidance on Cayman Islands STAR trusts. For general information about the Cayman Islands, see Practice Note: Private...

Produced in partnership with Mourant Ozannes and Carey Olsen 12th Jan

Practice notes

Trust disputes—court jurisdiction and procedure

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...

9th Nov

Practice notes

Trustees—power of advancement

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...

9th Nov

Practice notes

Termination of trusts—methods of termination

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...

9th Nov

Precedents

Deed of appointment terminating discretionary trust

This Deed of Appointment is made on [date] by [trustee] of [address] and [trustee] of [address] (the Trustees).Background(A)This Deed is supplemental...

9th Nov

Practice notes

Situs of assets for succession and IHT

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...

9th Nov

Precedents

Partial deed of revocation of lasting power of attorney

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...

9th Nov

Practice notes

Liferent trusts—Scotland

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...

Produced in partnership with Peter Murrin of Turcan Connell 12th Jan

Scottish Law

Practice notes

UK taxation of offshore trusts—inheritance tax

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...

Produced in partnership with Jenny Wilson-Smith and Emma Haley of Boodle Hatfield 12th Jan

Practice notes

Creation of trusts in Scotland

Express creation of trustsA trust is constituted expressly where the owner of property (the truster) transfers property to trustees to hold for...

Produced in partnership with Yvonne Evans, Law Lecturer, Solicitor (non-practising), TEP, University of Dundee 12th Jan

Scottish Law

Most recent Wills content

Q&As

Where a specific gift relates to a named property, or such other property as the testator shall live at the time of their death, and the named property has been sold during their lifetime and they have not purchased a new property as they moved into a care home, does the gift fail? Is it possible to construe the gift as including the proceeds of sale of the named property? What provisions in the Will would support such a construction of the gift?

A legacy of a particular residence would be classified as a specific legacy and therefore, if the testator does not own the property in question at...

9th Apr

Practice notes

STEP code for Will preparation in England and Wales

In comparison with the Wills and Inheritance Quality Scheme introduced by the Law Society the STEP code is underwhelming. However, they are probably...

9th Apr

Practice notes

Will drafting—planning the Will

Usually, the draftsperson will have met the client to take instructions and will have obtained all the relevant information regarding their...

9th Apr

Practice notes

Will drafting—civil partners and same sex marriage

Civil partnershipsThe Civil Partnership Act 2004 (CPA 2004) puts same sex couples who register their partnerships in the position of married couples...

9th Apr

Practice notes

Will drafting—professional negligence

Duties in contractThe relationship between a solicitor and client is governed by the terms of the contract between them. This is supplemented by...

9th Apr

Practice notes

Contents of Wills—beneficiaries who can take under a Will

IdentificationBeneficiaries must be clearly identified in the Will, otherwise the gift will fail for uncertainty. When drafting a Will, state the...

9th Apr

Practice notes

Validity of Wills—signature

STOP PRESS: With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious...

9th Apr

Practice notes

Making a Will

CORONAVIRUS (COVID-19): The formal requirement for a valid Will to be witnessed in the presence of two witnesses is to be relaxed (with retrospective...

Produced in partnership with Keith Bruce-Smith and Katie Walsh of Sinclair Gibson LLP 9th Apr

Practice notes

WIQS—completing the Will and subsequent matters

Having drafted the Will it is necessary to confirm that it is what the client wants and needs. This Practice Note takes the practitioner from the...

9th Apr

Practice notes

Wills and Inheritance Quality Scheme (WIQS)—principles

The Wills and Inheritance Quality Scheme is designed to produce, as stated by the Law Society, a quality standard for the production of Wills and the...

9th Apr

Practice notes

Will drafting—completing and executing the Will

CORONAVIRUS (COVID-19): The formal requirement for a valid Will to be witnessed in the presence of two witnesses is to be relaxed (with retrospective...

9th Apr

Practice notes

Partial intestacy

DefinitionPartial intestacy may arise when a testator has made an effective testamentary disposition of part of their estate but has failed to dispose...

9th Apr

Practice notes

WIQS—general practice policies

There will be occasions when the client has a disability and the practice has to be in a position to ensure that it is able to ensure there is no...

9th Apr

Practice notes

Will drafting—taking instructions

CORONAVIRUS (COVID-19): For guidance on the difficulties and practicalities of taking instructions during the coronavirus (COVID-19) pandemic, see...

9th Apr

Practice notes

WIQS—Will drafting instructions

The Will drafting part of the WIQS Protocol sets out, in effect, a blueprint for the conducting of a Will drafting transaction. It does not tell the...

9th Apr

Practice notes

Failure of gifts—ademption

Classification of legacies and devisesDue to the doctrines of ademption and abatement, a distinction is drawn between specific, general and...

9th Apr

Practice notes

Contents of Wills—powers

Types of powersUnder a Will or a trust, a person (the appointor) may be given the power to appoint by Will or otherwise to determine how the property...

9th Apr

Practice notes

Will drafting—CGT considerations

When preparing a Will, the practitioner will be primarily focusing, at least so far as tax is concerned, on exploiting the testator's nil rate band...

9th Apr

Practice notes

Validity of Wills—foreign element

STOP PRESS: With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious...

9th Apr

Practice notes

Will drafting—hotchpot

Hotchpot clauses in Wills can be useful in equalising benefits between beneficiaries.The hotchpot rule is also applied in cases of partial intestacy...

9th Apr