About Private Client Law
When Private Clients ask questions, they expect answers - right away. But when you’re working across so many different areas of the subject day to day, it’s impossible to hold it all in your head. In addition finding the answer often means cross-referencing several different sources – from the latest legislation to the Law Society’s most up-to-date guidance.
Will Precedents
Precedents covering the most common scenarios in this area. Drafting notes accompany each clause - incorporating the latest developments like Will drafting considerations for inheritance tax residence nil rate band.
Court of Protection
Our Court of Protection topic covers both property and finance, and health and welfare Court of Protection applications. It’s geared at both the Court of Protection specialist practitioner and the occasional user.
Trust compliance
Topics include beneficial ownership transparency, the Money Laundering Regulations, the Trust Registration Service, obligations relating to data protection and GDPR and offences under the Bribery Act 2010.
Cross-referencing sources
When private clients ask questions, they expect answers quickly. But, working across lots of areas day to day, it’s impossible to hold it all in your head. We’ll help you cross-referencing several different sources.
Topics We Cover
Latest Private Client News
The Scottish Government has launched a consultation on proposed amendments to the Scottish Charitable Incorporated Organisations (Removal from...
This week’s edition of Private Client highlights includes: (1) tribunal finds rule 11(7)(b) errors in Mental Health detention proceedings (KH v...
This Q&A considers whether a life tenant can assign or otherwise transfer their life interest to the remainder beneficiaries....
Private Client analysis: The First-tier Tribunal (Tax) (FTT) ruled in the taxpayer’s favour, deciding that Mr. Candy did have four years to lodge the...
This week’s edition of Private Client highlights includes: (1) analysis of the Law Commission’s report on modernising the law on Wills: (2) ATN v BTN,...
Latest Private Client Practice Notes
Stamp duty on transfers—scope, administration and enforcementFORTHCOMING CHANGE relating to the modernisation of stamp taxes on shares framework:...
Taxation of UK resident beneficiaries of offshore trusts from 6 April 2025Tax regimes relevant to UK resident beneficiaries of offshore trustsThis...
Charity litigation—costsCostsThe cost of contested litigation in England and Wales can be significant. There is a risk under the Civil Procedure Rules...
Charity set up—pitfalls and guidanceUnder the Charities Act 2011 (CA 2011) a charity in English law is an institution which is established for...
Wills in Scotland—overviewFORTHCOMING CHANGE: The Trusts and Succession (Scotland) Act 2024 received Royal Assent on 30 January 2024, marking the...
Latest Private Client Precedents
Letter to GP requesting assessment of capacity to make a Will[insert name and address of GP][insert date]Dear Dr [insert name of GP][insert full name,...
Immediate steps following a death—client guideThis document provides general guidance on the immediate steps following a death and introduces the...
Will—individual, unmarried, no childrenFORTHCOMING CHANGE: Potential changes to Wills Act 1837The Law Commission review of Wills has issued a final...
Loan to beneficiary[name] TrustTRUSTEE RESOLUTION1We [trustee] of [address] and [trustee] of [address] are the present trustees of the trust dated...
Power of attorney—trusteeship delegationThis TRUSTEE Power of Attorney is made on [date] by [trustee] of [address] (the Donor).Background(A)The Donor...
Latest Private Client Q&As
Featured Private Client content
Nature and classification of trusts—the three certainties
Nature and classification of trusts—the three certaintiesCertaintyIn order for a settlor to create a private express trust the three certainties must...
Protectors
ProtectorsWhat is a protector?A protector is a person who holds powers under a trust but who is not a trustee. A protector is a person who is...
Preparing the application form PA1P/PA1A for probate or letters of administration
Preparing the application form PA1P/PA1A for probate or letters of administrationFORTHCOMING CHANGE: The postal application forms PA1P and PA1A for...
Administration actions—personal representatives and the deceased's liabilities
Administration actions—personal representatives and the deceased's liabilitiesAn individual may assume obligations, for example in respect of...
Loan agreement—individuals
Loan agreement—individualsDATE:Parties1[[name] of [address] [and [name] of [address]] OR [name] and [name] both of [address]] (Lender[s])2[[name] of...
The Cy-près doctrine
The Cy-près doctrineFORTHCOMING CHANGE: The Charities Act 2022 (CA 2022) received Royal Assent on 24 February 2022 and will be implemented on a...
Trustees—appointment of trustees
Trustees—appointment of trusteesOriginal trusteesTrustees will usually be appointed by the instrument that brings the trust into existence. The trust...
Death in service benefits
Death in service benefitsOverview of the types of death in service benefits and their tax treatmentThere are three types of death in service...
Assent of assets by personal representatives
Assent of assets by personal representativesPersonal representatives (PRs) can transfer assets to beneficiaries in any way that would also be...
A trust holds the beneficial ownership of shares in a company of which one trustee is a director. Of the three beneficiaries, two are adults and there is a declaration of trust in respect of the shares held for them. The other is a minor and there is a separate declaration of trust for him. What would or should happen to the company shares on the death of a beneficiary? Neither declaration of trust deals with this issue.
Intermeddling in an estate
Intermeddling in an estateWhat is intermeddling?An individual who performs certain duties which a personal representative (PR) would perform to...
Termination of trusts—methods of termination
Termination of trusts—methods of terminationDuration of a trustThe duration of an express trust is subject to the restrictions imposed by the rules...
Trusts as a vehicle for holding company shares
Trusts as a vehicle for holding company sharesIntroductionMany trusts own shares as part of a portfolio of investments. This Practice Note looks at...
Benevolent funds
Benevolent fundsFORTHCOMING CHANGE: The Charities Act 2022 (CA 2022) received Royal Assent on 24 February 2022 and will be implemented on a staggered...
Creation of trusts—life insurance trusts
Creation of trusts—life insurance trustsDefining life insurance trustsA life insurance trust usually involves either:•an assignment of an insurance...
Lifetime gifts
Lifetime giftsA lifetime gift is a gratuitous transfer of ownership of any property between living persons and not made in expectation of death. In...
Source of income (and private client)
Source of income (and private client)When advising an individual on cross-border or offshore tax planning, it is important to establish the 'source'...
Liferent trusts—Scotland
Liferent trusts—ScotlandLiferent trustsA liferent trust (or trust liferent) is a trust which, when settled, confers a use and income benefit, or both,...
Associated legal terms
Advance notice
A notice (registered in the relevant property register) to protect the grantee of a deed intended to be registered in the Land Register of Scotland. The 35-day protected period starts on the day after the advance notice is registered. The grantee is protected against the granter being inhibited during the protected period and the protected deed is given priority over competing deeds registered in the protected period (except for statutory notices of potential liability for costs).
Offshore income gains (OIG)
A type of capital gains taxable as income which arises on the disposal of: • an interest in a non-qualifying fund, or • an interest in a distributing fund that operates equalisation arrangements
Pre-owned assets tax (POAT)
An inheritance tax anti-avoidance measure, consisting of a freestanding annual charge to income tax on certain individuals, known as ‘chargeable persons’, with respect to benefits they receive as a former owner of property or of property derived from it.
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