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: The claimant, an incorporated charity, applied for a cy-pres scheme to alter the objects of the charity and for a declaration...
Tax analysis: In A Taxpayer v HMRC the Court of Appeal allowed the taxpayer’s appeal, holding that she was non-UK resident in 2015-16 as a result of...
Restructuring & Insolvency analysis: The High Court in Palmer and another (in their capacity as joint trustees in bankruptcy of Shaun Collins) v Sans...
Law360, London: A woman who moved from England to Ireland does not owe UK tax on £8m in dividends she received through shares transferred by her...
The Scottish government has launched a consultation on the draft debt recovery (Mental Health Moratorium) (Scotland) regulations, following the...
Latest Private Client Practice Notes
Pension death benefit trustsFORTHCOMING DEVELOPMENT: In the Autumn Budget 2024 of 30 October 2024, the Chancellor of the Exchequer made some key...
Relevant life and excepted group life policies—practical issuesStatute provides for two tax-efficient alternatives to a life assurance policy held...
Personal representatives' protection—notices and searchesPotential claims against personal representativesThere are a number of ways in which Personal...
Introduction to Tier 1 (Investor) visas (Archived)ARCHIVED: The Tier 1 (Investor) visa was for high net worth individuals who could make a substantial...
Brexit legislation trackerThis Practice Note tracks the progress of UK legislation introduced as part of the legislative project associated with the...
Latest Private Client Precedents
Will clause (Scotland)—legacy of house1Legacy of HouseI bequeath to [insert full name], residing at [insert full address], my interest in my house at...
Will clause (Scotland)—specific legacies1Specific LegaciesI bequeath the following specific legacies, namely:1.1to [insert full name], residing at...
Will clause (Scotland)—nil rate band discretionary trust1Nil Rate Band Discretionary TrustIf my [insert spouse details] survives me, I direct my...
Will clause (Scotland)—limited revocation1RevocationI revoke all prior...
Will clause (Scotland)—pecuniary legacies1Pecuniary LegaciesI bequeath the following pecuniary legacies, namely:1.1to [insert full name], residing at...
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
Conditio si testator sine liberis decesserit
Where a testator makes a Will which contains no provision for children who may subsequently be born to the testator, it is presumed that the testator did not wish their Will to remain in effect if they had children. Unless this presumption is rebutted, the Will is revoked, often resulting in intestacy.
Personal allowance
An amount that an individual can earn in a tax year before being subject to income tax.
Transfer of assets abroad (TAA) regime
Income tax anti-avoidance provisions contained in ITA 2007, s 713 which seek to prevent the avoidance of UK taxation by an individual resident in the UK by a transfer of assets abroad.
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