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
HMRC has published an updated form IHT435 which is used to claim the residence nil rate band. References to the boxes in other forms have been updated...
This week’s edition of Private Client highlights includes: (1) the Law Commission’s consultation on burial and cremation laws; (2) Fox and Bridge v...
The Competition and Markets Authority (CMA) has published new compliance guidance for unregulated providers of Will-writing, online divorce and...
This Q&A considers a grant applied for on the basis that the deceased was domiciled in England and Wales, but it now transpires that they were...
The Chartered Institute of Taxation (CIOT) has reported that HMRC will accept copies of the tax return form that have been downloaded and printed from...
Latest Private Client Practice Notes
Principles of interpretation of double tax treatiesDouble tax treaties or conventions (DTTs) have a dual nature. They are:•conventions between states...
Types of overseas pension schemesFORTHCOMING DEVELOPMENT: Section 10 of the Finance Act 2022 will increase the normal minimum pension age (NMPA) from...
Defined benefit pensions issues for charitiesFORTHCOMING DEVELOPMENT: In its consultation paper published on 12 September 2024, the PPF proposes:• a...
Severance of a joint tenancySeverance is the process by which a joint tenancy is converted into a tenancy in common. It is a matter of evidence...
Appointment, retirement and resignation of a directorThis Practice Note focuses on the law and practice relating to the appointment of directors and...
Latest Private Client Precedents
Letter to bank or building society closing loan account[enter name of bank or Building Society][enter address of bank or Building Society]Dear [enter...
Letter paying creditor[Insert name of creditor][Insert address of creditor]Dear [[insert organisation name] OR [insert name of creditor] OR The late...
Letter paying mobile telephone supplier[enter name of company][enter address of company]Dear [enter organisation name]The late [name of...
Letter paying legatee beneficiary [enter name of beneficiary][enter address of beneficiary][enter date]Dear [enter name of beneficiary]The late [enter...
Estate administration - letter paying utility company[Insert company name][Insert company address]Dear [insert organisation name]The late [insert name...
Latest Private Client Q&As
Featured Private Client content
Can a power of attorney lapse or expire or does it last indefinitely? Does it need to be updated or 'refreshed'?
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...
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...
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...
Exemptions and reliefs from income tax
Exemptions and reliefs from income taxFor income tax rates and allowances applicable in the current tax year, see Practice Note: Key UK tax rates,...
Payment of legacies
Payment of legaciesIdentification of beneficial interestsThe personal representatives (PRs) of an estate must identify:•the beneficiary or...
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,...
Notaries and notarisation—notarisation
Notaries and notarisation—notarisationThe principles of the notarial act are that it is:•an act of the notary and not of the parties named in the...
Trustees—self-dealing, unauthorised profits and conflicts of interest
Trustees—self-dealing, unauthorised profits and conflicts of interestThe self-dealing ruleThe self-dealing rule is connected to, but distinct from,...
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...
CGT—PPR relief for UK residents with overseas dwellings and non-UK residents with UK dwellings
CGT—PPR relief for UK residents with overseas dwellings and non-UK residents with UK dwellingsPrincipal private residence relief (PPR relief) exempts...
When can a mistake in an executed deed be rectified by a manuscript amendment rather than by a deed of rectification?
Calculating the IHT charge on death
Calculating the IHT charge on deathThis Practice Note outlines how to calculate the amount of inheritance tax (IHT) that arises on an individual’s...
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...
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.
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...
Perpetuities and accumulations
Perpetuities and accumulationsThe rules relating to perpetuities and accumulations stem from the common law and the provisions in the Perpetuities and...
Associated legal terms
Action of specific implement
An action which requires the court to grant an order requiring a party to perform a specific act. In Scotland, there is no distinction between equitable and legal remedies as there is in England and Wales.
Inheritance tax (IHT)
A tax on capital assets owned at death, some lifetime gifts or transfers, and some trust interests.
Keeper of the Registers of Scotland
The civil servant who heads up the Department of Registers of Scotland which includes the Register of Sasines and the Land Register of Scotland.
CONTACT US
