Will drafting protocols

View Private Client by content type:

Latest Private Client News

Featured Private Client content

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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
9th Nov
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...
Read More >
9th Nov
Practice notes
This Practice Note provides guidance on Cayman Islands STAR trusts. For general information about the Cayman Islands, see Practice Note: Private...
Read More >
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...
Read More >
Produced in partnership with Kate Davenport QC of Outer Temple Chambers and Adele Isaacs of Bankside Chambers 12th Jan
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...
Read More >
Produced in partnership with Mourant Ozannes and Carey Olsen 12th Jan
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...
Read More >
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...
Read More >
9th Nov
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...
Read More >
9th Nov
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...
Read More >
Produced in partnership with Paul Davies of Clarke Willmott 12th Jan
Practice notes
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...
Read More >
9th Nov
Practice notes
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...
Read More >
9th Nov
Practice notes
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...
Read More >
Produced in partnership with Michael O’Sullivan of 5 Stone Buildings 12th Jan

Most recent Will drafting protocols content

Practice notes
After instructions have been given for the preparation of a Will, it is necessary to plan not only what the Will should contain but also to consider...
Read More >
5th May
Practice notes
In comparison with the Wills and Inheritance Quality Scheme introduced by the Law Society the STEP code is underwhelming. However, they are probably...
Read More >
9th Apr
Practice notes
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...
Read More >
9th Apr
Practice notes
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...
Read More >
9th Apr
Practice notes
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...
Read More >
9th Apr
Practice notes
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...
Read More >
9th Apr
Practice notes
The practice should have a number of policies in place that address their Will drafting procedures. This Note enables the practice to check off that...
Read More >
9th Apr
Practice notes
In order to be able to qualify for the WIQS 'kitemark', practices will have to satisfy, firstly and crucially, a number of core standards by adopting...
Read More >
9th Apr
Practice notes
The Will drafting element of the WIQS suggests a number of very specific areas upon which a client should be advised. It generally provides for two...
Read More >
9th Apr
Practice notes
The WIQS requires a number of general and basic obligations to the client that must be met and these can be seen as complementary to the core...
Read More >
9th Apr
Practice notes
According to SRA research, 25% of Wills produced were 'not fit for clients' purposes'. Their subsequent guidance is an attempt to remedy this and came...
Read More >
9th Apr
Practice notes
This Practice Note considers the impact of the coronavirus (COVID-19) pandemic on Wills and provides answers or guidance on some of the main issues...
Read More >
9th Apr
Q&As
A solicitor has a common law duty to keep his or her client’s affairs confidential. This extends to the contents of the Will and the instructions...
Read More >
Produced in partnership with Adam Draper of Shoosmiths 15th Feb
Q&As
A statutory declaration allows an individual to make a legal declaration confirming that something is true for the purposes of satisfying some legal...
Read More >
29th Nov
Q&As
Where an individual signs a Will in a foreign language and it is known that they do not have a good understanding of that foreign language, there is a...
Read More >
29th Nov

Popular documents