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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.

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Latest Private Client Q&As

Q&As
Where an individual gave their property to their children several years ago and continued to live in it creating a gift with reservation of benefit, what are the reporting requirements to HMRC on the IHT403 on their death? Would HMRC require a RICS Red Book valuation of what the property was worth at the date of the gift? Can the property be sold straightaway or should it be delayed in case HMRC makes further investigations?
Q&As
Where the sole appointed trustee of a Will trust has disclaimed before acting, in whom does the trusteeship then vest? Do either of sections 18(2) and 36 of the Trustee Act 1925 apply?
Q&As
A dies leaving a legacy of an investment portfolio to B. B subsequently dies before A's estate is administered. A's executors have now sold the investment portfolio and have transferred the net proceeds of sale to B's executors. A's executors have indicated to B's executors that B's estate will need to account for any capital gains arising on the investment portfolio from the date of A's death to the date of sale. Our view is that any capital gains relating to B's estate should only be calculated from the date of B's death, as B had a vested interest in the portfolio and so there would have been a tax free uplift on B's death. What is the CGT position?
Q&As
The terms of a trust give a person the right to reside in a trust property for as long as they desire. The house burned down and the beneficiary moved out. A larger replacement property was subsequently built on the same plot. The beneficiary has not occupied the replacement property, but do they have the right to occupy it?
Q&As
Can a photo of a wet ink signature be used to create an original signed document?
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Associated legal terms

Agricultural property relief (APR)

An inheritance tax relief which reduces the value for inheritance tax purposes of a transfer of ‘agricultural property’ by the appropriate percentage (ie 100% or 50%) of the value of that transfer which is attributable to the ‘agricultural value’. Agricultural property relief also applies to charges arising under the relevant property regime.

Codicil

A document'>testamentary document supplemental to and considered as annexed to a Will previously made, being executed for the purpose of adding to, varying or revoking the provisions of that Will. The formalities required of a codicil are the same as those required of a Will.

Qualifying recognised overseas pension scheme (QROPS)

An overseas pension scheme that meets certain requirements set by HMRC. A qualifying recognised overseas pension scheme (QROPS) can receive the transfer of UK pension benefits requested on or after 9 March 2017 without incurring the overseas transfer charge in certain circumstances. The QROPS program was launched on 6 April 2006 as a part of new legislation with the objective of simplifying pensions.

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