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.
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.
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.
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.
Private Client analysis: Mr Justice Poole clarified the approach to be taken towards provision of position statements and skeleton arguments to public...
This week’s edition of Private Client highlights includes: (1) analysis of In the Estate of Kathleen Coady, a decision on whether a Will signed under...
This Q&A considers whether, in the context of a claim under the Inheritance (Provision for Family and Dependants) Act 1975, if the 3 children of the...
Private Client analysis: In Ivey & Others v Lythgoe and another, the High Court considered a dispute over the validity and rectification of two Wills...
Private Client analysis: Having found that the claimant had established his claims in proprietary estoppel and under the Inheritance (Provision for...
SDLT—administration and complianceThis Practice Note summarises the stamp duty land tax (SDLT) compliance regime and gives an overview of the...
Art law—bailmentIssues relating to bailment can arise in art contexts. For example, a warehouse or shipping company may owe bailment duties when...
Ramsay as a guide to statutory constructionLexis+® UK Tax is grateful to Nigel Doran of Macfarlanes LLP for his comments on an earlier draft of this...
Offshore trusts—offshore income gains (OIGs)STOP PRESS: Abolition of non-dom regime and introduction of residence-based IHT regimeFinance Act 2025 (FA...
Offshore trusts—transfers between settlements—offshore income gains (OIGs) and s 1(3) amountsCapital payments are generally taxed by matching them...
Loan agreement—individualsDATE:Parties1[[name] of [address] [and [name] of [address]] OR [name] and [name] both of [address]] (Lender[s])2[[name] of...
Estate administration—Letter to bank[enter bank name][enter bank address]Dear [enter organisation name]The late [name of deceased]Account number(s):...
Estate administration—Letter to company secretaryFAO: Company Secretary[enter company name][enter address]Dear Company SecretaryThe late [name of...
Estate administration—Letter chasing company for response[Insert name of company][Insert address of company][Insert date]Dear [insert organisation...
Estate administration—Letter to telephone or broadband supplier[enter name of telephone company][enter address of telephone company]Dear [enter...
Nature and classification of trusts—the three certaintiesCertaintyIn order for a settlor to create a private express trust the three certainties must...
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 administrationFORTHCOMING CHANGE: The postal application forms PA1P and PA1A for...
Administration actions—personal representatives and the deceased's liabilitiesAn individual may assume obligations, for example in respect of...
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 doctrineFORTHCOMING CHANGE: The Charities Act 2022 (CA 2022) received Royal Assent on 24 February 2022 and will be implemented on a...
Trustees—appointment of trusteesOriginal trusteesTrustees will usually be appointed by the instrument that brings the trust into existence. The trust...
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 representativesPersonal representatives (PRs) can transfer assets to beneficiaries in any way that would also be...
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 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 sharesIntroductionMany trusts own shares as part of a portfolio of investments. This Practice Note looks at...
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 trustsDefining life insurance trustsA life insurance trust usually involves either:•an assignment of an insurance...
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)When advising an individual on cross-border or offshore tax planning, it is important to establish the 'source'...
Liferent trusts—ScotlandLiferent trustsA liferent trust (or trust liferent) is a trust which, when settled, confers a use and income benefit, or both,...
Refers to the status of defined contribution funds when they are paid out, used to buy an annuity or designated for drawdown.
A legal document enabling the donor to appoint one or more attorney or donee to make decisions on their behalf in respect of their property and financial affairs. An ordinary power of attorney will be automatically revoked by the mental incapacity of the donor and is distinguishable from an EPA or a financial LPA in this respect.
Schemes into which SERPS were transferred.