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) MacPherson v Sunderland City Council, in which the Court of Appeal clarified the proper...
The Mental Health Bill has undergone day four of the committee stage where members continued the in-depth analysis of the Bill; held on 27 January...
Private Client analysis: In the latest case to deal with the challenges posed by fluctuating capacity, the Court of Protection (Mrs Justice Theis)...
This Q&A explains how the annual exemption, the basic nil rate band and taper relief apply to failed potentially exempt transfers made by the deceased...
Tax analysis: In Bryan Robson Limited v HMRC the First-tier Tax Tribunal (FTT) allowed in part the taxpayer company’s appeal against PAYE...
Latest Private Client Practice Notes
Execution of deeds—jurisdictional guideThis guide sets out the requirements for executing deeds in various international jurisdictions. The table...
Execution of contracts—jurisdictional guideThis guide sets out the requirements for executing simple contracts in various international jurisdictions....
Directive for administrative cooperation in the field of taxation (DAC)—FAQs [Archived]ARCHIVED: This Practice Note has been archived and is not...
Disguised remuneration—structure of the regime and its implications in practiceFORTHCOMING CHANGE: As announced at Autumn Budget 2024, the government...
Disguised remuneration and the self-employedFORTHCOMING CHANGE: As announced at Autumn Budget 2024, the government has commissioned an independent...
Latest Private Client Precedents
Disclosable cross-border tax arrangements—DAC 6—training materials [Archived]ARCHIVED: These Training Materials have been archived and are not...
Privacy notice for personal representatives—UK GDPR compliantWe take your privacy very seriously. Please read this privacy notice carefully as it...
Privacy notice for trustees—UK GDPR compliantWe take your privacy very seriously. Please read this privacy notice carefully as it contains important...
Will questionnaireFORTHCOMING CHANGE: Abolition of non-dom regime and introduction of residence-based IHT regime.At Autumn Budget 2024 on 30 October...
Will—legacy of business property on discretionary trust, residue to spouse absolutely, then to children absolutelyFORTHCOMING CHANGE: Changes to...
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
Joint tenant
Joint tenants share equal ownership of property and have the equal, undivided right to keep or dispose of the property.
Probate action / probate claim
These claims principally contest the validity of a Will or codicil and the consequent entitlement to a grant of probate or letters of administration.
Qualifying interest in possession (QIIP)
Where a beneficiary's entitlement to trust property satisfies the definition of a QIIP, the trust property falls into the beneficial entitlement regime for inheritance tax purposes.
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