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
This week’s edition of Private Client highlights includes: (1) Re Organ; House v Helme, in which the court gave guidance on the removal of executors...
This Q&A considers the situation where a beneficiary is under a debt relief order and sets out who has the obligation to report this....
Tax analysis: In Kearney v HMRC, the First-tier Tax Tribunal (FTT) held that the taxpayer was a UK-resident for tax purposes, applying the common law...
Tax analysis: In this interlocutory decision, the First-tier Tax Tribunal (FTT) in Hall ruled in favour of Mr Hall (H), a director of insolvent...
Private Client analysis: Beneficiaries of a Will trust sought the removal of trustees on several grounds, including a breakdown in relations between...
Latest Private Client Practice Notes
Rights on death of cohabitantCohabitants do not generally share the same rights afforded to a spouse or civil partner in the event of the death of...
Excluded property trusts—key events affecting IHT status from 6 April 2025FORTHCOMING CHANGES: At Budget 2025 on 26 November 2025, the government...
Execution formalities—unincorporated charitiesThis Practice Note provides practical guidance on the execution of documents by unincorporated...
Late payment penalties—PAYE, NICs and construction industry schemeThis Practice Note is about the penalty regime in the Finance Act 2009 (FA 2009) for...
Free schoolsThis Practice Note applies in England only. There are no free schools in Wales. Although the Academies Act 2010 (AcA 2010) does apply in...
Latest Private Client Precedents
Execution clause (Scotland)—ordinary execution by an individual general partner or an authorised signatory for a limited partnershipSubscribed by...
Execution clause (Scotland)—self-proving execution by corporate director(s) or secretary signing on behalf of a companyOption 1—self-proving execution...
Execution clause (Scotland)—self-proving execution by an individual general partner or an authorised signatory for a limited partnershipSubscribed by...
Will—to spouse on flexible life interest trust, then on discretionary trustFORTHCOMING CHANGE: Potential changes to Wills Act 1837The Law Commission...
Witness statement—construction of trustClaimant: [initial and surname]: 1st: [date]IN THE [HIGH COURT OF JUSTICE][CHANCERY DIVISION][BUSINESS AND...
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
Retirement annuity contract (RAC)
The predecessors of personal pensions (often called section 226 policies). No new retirement annuities could be sold after 30 June 1988 but existing contracts can be continued. The fund to purchase pension at retirement is dependent on contributions paid and investment performance.
Self-administered
A scheme in which the assets are invested by the trustees or an external investment manager.
Venture capital trust (VCT)
A company whose shares are listed on an EU-regulated market and which complies with various other requirements. An individual investor in a venture capital trust is entitled to 30% income tax relief on the amount invested up to £200,000 provided that the investor's venture capital trust shares are held for at least five years. Investors in venture capital trusts also receive an exemption from capital gains tax on any gains on the sale of the venture capital trust's shares and exemption from income tax on dividends from the venture capital trust.
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