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) a Court of Protection testamentary capacity decision is held not to be binding in a...
Tax analysis: In Sagar v HMRC, the First-tier Tax Tribunal (FTT) considered the taxpayer’s costs applications in respect of two appeals, in...
This Q&A considers whether, where a property is held as tenants in common by a married couple and one co-owner has died, with a grant of probate...
Tax analysis: In Knights Developments Ltd, the Upper Tribunal (UT) decided that the trading profits of the taxpayer (KDL), an Isle of Man (IoM)...
Law360: The UK can levy £5.4 million (USD7.4 million) in taxes on an Isle of Man developer's profits from selling land in Kent, the Upper Tribunal...
Latest Private Client Practice Notes
Current inheritance tax treatment of pension fundsInheritance tax (IHT) is charged on the value of an individual’s estate immediately before death.The...
This Practice Note is a consolidated version of the HMRC Manuals tracker that appears each week in the Private Client weekly highlights, organised by...
FORTHCOMING CHANGE: As announced at Autumn Budget 2024, the government commissioned an independent review of the loan charge. The review, announced on...
FORTHCOMING CHANGE: As announced at Autumn Budget 2024, the government commissioned an independent review of the loan charge. The review, announced on...
What does this Practice Note cover?This Practice Note outlines the role and responsibilities of a bond trustee appointed under an English law trust...
Latest Private Client Precedents
This document provides general guidance regarding the probate procedure for non-professional personal representatives and bereaved family members....
This Deed is made on [date]Parties1[insert name] of [insert address] and [insert name] of [insert address] (the Continuing Trustees) and2[insert name]...
Key points•Appropriate pre-entry planning may help to minimise the UK tax you pay once you are resident for tax purposes•The extent to which planning...
FORTHCOMING CHANGE: Potential changes to Wills Act 1837The Law Commission review of Wills has issued a final report on 16 May 2025 which includes in...
[enter name of company][enter address of company][enter date]Dear [enter organisation name]The late [name of deceased][Policy OR Policies] numbered:...
Latest Private Client Q&As
Featured Private Client content
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...
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...
Preparing the application form PA1P/PA1A for probate or letters of administration
Preparing the application form PA1P/PA1A for probate or letters of administrationFORTHCOMING CHANGE: The postal application forms PA1P and PA1A for...
Administration actions—personal representatives and the deceased's liabilities
Administration actions—personal representatives and the deceased's liabilitiesAn individual may assume obligations, for example in respect of...
Loan agreement—individuals
Loan agreement—individualsDATE:Parties1[[name] of [address] [and [name] of [address]] OR [name] and [name] both of [address]] (Lender[s])2[[name] of...
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...
Trustees—appointment of trustees
Trustees—appointment of trusteesOriginal trusteesTrustees will usually be appointed by the instrument that brings the trust into existence. The trust...
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...
Assent of assets by personal representatives
Assent of assets by personal representativesPersonal representatives (PRs) can transfer assets to beneficiaries in any way that would also be...
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.
Intermeddling in an estate
Intermeddling in an estateWhat is intermeddling?An individual who performs certain duties which a personal representative (PR) would perform to...
Termination of trusts—methods of termination
Termination of trusts—methods of terminationDuration of a trustThe duration of an express trust is subject to the restrictions imposed by the rules...
Trusts as a vehicle for holding company shares
Trusts as a vehicle for holding company sharesIntroductionMany trusts own shares as part of a portfolio of investments. This Practice Note looks at...
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...
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...
Source of income (and private client)
Source of income (and private client)When advising an individual on cross-border or offshore tax planning, it is important to establish the 'source'...
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,...
Associated legal terms
Common property
Property belonging to two or more persons pro indiviso (without demarcation of shares) and characterised especially by the existence of a right of any common owner to compel a division of the property. See also joint property.
Pension credit/debit
Created upon pension sharing. The pension member loses a percentage of their fund’s value, which is transferred (the pension debit) to the other party who receives the percentage (the pension credit) to gain pension entitlement in their own right.
Rebasing election
An election by trustees under which provides a relief to beneficiaries who are resident but not domiciled in the UK, in the event they receive a capital payment from the trust which is matched with trust gains which are realised after 6 April 2008, but part or all of which accrued before 6 April 2008.
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