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.
Latest Private Client News
The Law Commission has published a document addressing frequently asked questions (FAQs) about digital assets in private international law, with a...
This Q&A considers how abatement applies where a testator has left £50,000 to trustees on discretionary trusts and £50,000 to a family member, but...
The Ministry of Justice (MoJ) has released its response to the consultation regarding the retention and preservation of Wills and other documents...
HMRC has revised its guidance on capital gains tax (CGT) for cryptoassets, enforceable from 13 January 2025, to provide clarity regarding the use of...
Tax analysis: In Bridgecom, the Upper Tribunal (UT) dismissed Bridgecom International Ltd’s (BIL’s) appeal against an adverse costs decision of the...
Latest Private Client Practice Notes
Trust disputes—investment disputesExamples of claims against trustees for breach of investment duties are:•delay—where a trustee takes too long to...
Taxation of offshore trusts—non-domiciled and deemed domiciled settlorsFORTHCOMING CHANGE: Abolition of non-dom regime and introduction of...
Registration of deathThe death certification system in England and Wales was reformed with effect from 9 September 2024 to introduce changes...
Trusts—disclosure of beneficial ownership information via the Trust Registration Service (TRS) and record-keepingMoney Laundering Regulations 2017 and...
Money Laundering Regulations 2017—impact on trusteesBackground to Money Laundering Regulations 2017The Money Laundering, Terrorist Financing and...
Latest Private Client Precedents
Disclosable cross-border tax arrangements—DAC 6—training materials [Archived]ARCHIVED: These Training Materials have been archived and are not...
Will (Scotland)—Legacy to charity (10% of baseline amount), legacy of house with cash option, residue to number of individuals or to survivors or...
Will (Scotland)—Liferent of dwelling house, residue to spouse, whom failing number of individuals in differing shares (amalgamation pro rata if...
Will (Scotland)—to spouse, whom failing children, simple powersFORTHCOMING CHANGE: Abolition of non-dom regime and introduction of residence-based IHT...
Will (Scotland)—Nil Rate Band Discretionary Trust, residue to spouse, whom failing issue, accounting for advances clauseFORTHCOMING CHANGE: Abolition...
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
Inheritance tax (IHT)
A tax on capital assets owned at death, some lifetime gifts or transfers, and some trust interests.
Pay as you earn (PAYE)
The system by which an employer or pension provider makes certain statutory deductions from an employee's or pensioner's income and remits them to HMRC.
Welfare guardian
Person appointed by the court to manage the property and financial affairs of an adult with incapacity under AI(S)A 2000. See also guardian'>financial guardian.
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