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: The case involved an application by the family of an incapacitated patient regarding the lawfulness of his clinicians’...
This week’s edition of Private Client highlights includes: (1) Jennings v Appleby, a decision granting permission for the trustees to terminate an...
Tax analysis: In Herrmann v HMRC, the First-Tier Tax Tribunal (FTT) allowed the taxpayer’s appeal against late payment penalties and surcharges,...
This Q&A refers to whether a trustee may use part of the trust fund to pay a mortgage on a property owned by a non-beneficiary, in order to enable a...
This week’s edition of Private Client highlights includes: (1) analysis of Wilkinson (as executor of the estate of John Whewell, deceased) v Kirkham,...
This Practice Note describes the rules on the disclosure of tax avoidance schemes (DOTAS) applying to income tax, corporation tax, capital gains tax...
This Practice Note sets out the key UK interest rates most relevant to Private Client practitioners. It includes the current rate and the date from...
Trustees involved in litigation will be keen to ensure their costs and any costs awarded against them are met from the trust fund.Under section 31(1)...
Welfare benefits have been updated with a number of benefits being amalgamated and replaced. Universal credit had been due to replace working age...
Maintained in partnership with Julian Hickey and Adrian Shipwright, both at Burnell ChambersGenerally, a transfer of value to a charity is exempt from...
We take your privacy very seriously. Please read this privacy notice carefully as it contains important information on who we are and how and why we...
This llp Agreement is made on [insert date and month] 20[insert year]Parties1The parties listed in Part A of Schedule 1 (Initial Members); and2[insert...
This Partnership Agreement is made on [date]Parties1[Name of partner], of [address]2[Name of partner], of [address]3[Name of partner], of...
This limited partnership Agreement is made on [insert day and month] 20 [insert year]Parties1[insert name of general partner] of [insert address] (the...
1Individual1.1Individual or sole trader party designation clause[insert full name of party] of [trading as [insert trading name]] of [insert address]...
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,...
A fixed interest trust governed by English law, where the source of the income is the underlying income-producing assets held by the trust.
A Will is open to challenge when facility and circumvention can be shown to have existed. Facility is less than insanity but exists where the testator, either because of physical or mental illness, can easily be imposed upon. ‘circumvention’ refers to pressure or persuasion.
An action to determine the rights of parties to a fund or property in dispute and to release the holder of the fund from any claim.