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
Private Client analysis: This appeal concerned the narrow question of whether the ‘success fee’ part of a conditional fee agreement (CFA) can be...
The Court of Appeal, in a recent ruling, has furnished clear guidance on the proper method for assessing mental capacity in litigation. The court...
HMRC has published a correction to the inheritance tax (IHT) interest rates from the October 1988 table by adjusting the end date for the interest...
Private Client analysis: This forms another in a list of cases where HMRC have successfully challenged a claim for BPR in property based businesses....
This week’s edition of Private Client highlights includes: (1) P, Re (Property & Affairs Deputyship: Jurisdiction), a Court of Protection involving...
Latest Private Client Practice Notes
Overview of the EU legal systemIntroduction to the EU legal systemThe EU legal system is sui generis—there is no other legal system it can be compared...
Tax—devolution trackerThe tracker is split into two main parts:•tracking by country, which is split down into:◦Wales◦Scotland, and◦Northern Ireland,...
Assistance in collection in tax mattersWhy is assistance in collection needed?The background to this topic is the well-established principle of...
Consolidated HMRC Manuals tracker 2021–24—Private Client [Archived]This Practice Note is a consolidated version of the HMRC Manuals tracker that has...
Claiming relief under a double tax treaty in relation to income or gains from UK real estateMany investors in UK property are based outside the UK....
Latest Private Client Precedents
Will—legacy of business property on discretionary trust, residue to spouse absolutely, then to children absolutelyFORTHCOMING CHANGE: Changes to...
Will—to spouse on flexible life interest trust, remainder to children absolutelyFORTHCOMING CHANGE: Abolition of non-dom regime and introduction of...
Will—to spouse absolutely, then to children on flexible life interest trustFORTHCOMING CHANGE: Abolition of non-dom regime and introduction of...
Will—individual, unmarried, no childrenFORTHCOMING CHANGE: Abolition of non-dom regime and introduction of residence-based IHT regime.At Autumn Budget...
Will—to spouse absolutely, then to others where no childrenFORTHCOMING CHANGE: Abolition of non-dom regime and introduction of residence-based IHT...
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
Equitable interest/right
The interest of a beneficiary in trust property. It is called an equitable right because it was originally only recognised in courts of equity. See also ‘legal estate/interest’.
Foundation
Broadly speaking, a foundation is a self-owning legal entity, separate from its founder, officers and beneficiaries (if any), which has a council or board that is responsible for its administration.
Matrimonial Property Regime
A matrimonial property regime is a marriage regime which exists whether by law or by contract. It is often impossible in most civil law countries to consider succession law in isolation from matrimonial property law. A spouse may find that in moving from one country to another, he or she may gain a double protection (retaining marital rights and gaining succession law rights) or gain neither (having no matrimonial property rights at the outset and moving to a country which grants limited or no succession law rights).
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