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) analysis of the Law Commission’s report on modernising the law on Wills: (2) ATN v BTN,...
The Scottish Charity Regulator (OSCR) has published guidance on the new automatic disqualification rules, which will come into force on 31 August 2025...
Private Client analysis: On 16 May 2025, the Law Commission published its final report, Modernising Wills Law. Written by Matthew Duncan, partner and...
HM Treasury has published a Government response and policy update regarding the tax treatment of carried interest following a call for evidence. This...
This Q&A considers the methods termination of a trust where there are adult beneficiaries and when there are minor beneficiaries....
Latest Private Client Practice Notes
Devolved taxes in the UK—Scotland, Wales and Northern IrelandThis Practice Note covers current, forthcoming and potential devolved taxes and tax...
Brexit legislation tracker 2017–19 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained. It tracks the progress of UK...
The status of EU law in the UK after Brexit [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note provides...
Brexit—introduction to the Withdrawal AgreementThe UK’s formal withdrawal from the EU took effect at 11 pm on 31 January 2020 (exit day). At this...
Brexit—implications for Scotland [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note discusses the legal...
Latest Private Client Precedents
Letter to GP requesting assessment of capacity to enter into a Lasting Power of Attorney for financial affairs[GP OR Doctor]Dear Dr [insert doctor’s...
Execution clause (Scotland)—ordinary execution by an individual general partner or an authorised signatory for a limited partnershipSubscribed by...
Execution clause (Scotland)—self-proving execution by corporate director(s) or secretary signing on behalf of a companyOption 1—self-proving execution...
Execution clause (Scotland)—self-proving execution by an individual general partner or an authorised signatory for a limited partnershipSubscribed by...
Loan agreement and charge—individualsDATE:Parties1[[name] of [address] [and [name] of [address]] OR [name] and [name] both of [address]]...
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
Intimate
Formally notify someone of something usually in writing.
Personal pension scheme
A money purchase scheme provided by a bank, insurance provider, building society, unit trust group or independent financial adviser to which an employer does not have to contribute. Members can be employed or self-employed. Such schemes replaced self-employed retirement annuities from 1 July 1988.
Valuation day
The date on which the CE is re-calculated by the PRPA to implement a pension sharing order. It is any day within the implementation period as the PRPA may specify by notice in writing to the parties. Any benefits accrued since transfer day are excluded from the valuation exercise as this is the date on which the pension sharing order takes effect.
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