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In this issue Trusts Court of Protection Elderly and vulnerable clients UK taxes for Private Client HMRC Manuals updates Tax avoidance, evasion and non-compliance Budgets and Finance Bills Contentious trusts and estates Pensions, insurance and tax efficient investments International Question of the week Additional Private Client updates this week Daily and weekly news alerts LexTalk®Private Client: a Lexis+® community New and updated content Dates for your diary Trackers Latest Q&As Useful information Trusts Insufficient credible evidence led to rejection of trustee expense claims (Hubbard v Hubbard) An account in common form concerning a trust holding development land, with trustees reporting to beneficiaries. The court determined the trustees failed to properly substantiate numerous costs, leading to substantial disallowances. Core principles include: trustees bear the onus to prove expenditure charged to the trust; poor or absent records are no excuse; and the court may grant a...
In this issue: Trusts Court of Protection UK taxation for Private Client Updates to HMRC Manuals Tax avoidance, evasion and non-compliance Regulatory compliance for Private Client Budgets and Finance Bills Family enterprises and ownership frameworks Disputed trusts and estates Pensions, insurance and tax-efficient investments Scotland, Wales and Northern Ireland International Question of the week Additional Private Client updates this week Daily and weekly news alerts LexTalk®Private Client: a Lexis+® community New and updated content Dates for your diary Trackers Latest Q&As Useful information Trusts HMCTS issues guidance on applications to recover funds paid into the High Court, Chancery Division HM Courts & Tribunals Service (HMCTS) has issued guidance on making applications to recover money held by the High Court (Chancery Division). Released on 18 December 2025, the guidance covers three situations: surpluses from property repossessions when entitled parties cannot...
In this issue Probate Trusts Court of Protection UK taxation for private clients HMRC manuals: updates Art and heritage property, landed estates and farming families Pensions, insurance and tax‑efficient investments Scotland, Wales and Northern Ireland International Question of the week Further Private Client updates this week Daily and weekly news alerts LexTalk® Private Client: a Lexis+® community New and updated content Dates for your diary Trackers Useful information Probate Unique codes for probate applications can now be issued by email. HMRC’s Trusts and Estates Newsletter (August 2024) confirms that IHT400 filers may provide an email address and sign a disclaimer so HMRC can send the unique code required for the probate application electronically. See: LNB News 28/08/2024 16. Source: HMRC Trusts and Estates Newsletter (August 2024). Following a 3 September 2024 update from HM Courts & Tribunals Service Probate, the MyHMCTS service now allows applicants to...
This starter guide offers an overview of the Private Client practice area. It is designed for trainee solicitors, paralegals, and anyone new to Private Client work. It concentrates on core topics within Private Client law and signposts additional Lexis+® UK resources and materials that deliver more comprehensive detail. Newcomers to Private Client will also find the Overviews within each subtopic of the Private Client module helpful. These Overviews introduce each subtopic and link to pertinent content within it, aiding navigation of the area. For instance, see: Will drafting—overview and Inheritance tax (IHT)—overview. If something is not covered here, try browsing our Private Client topic tree or using the search bar to locate further Private Client content. The guide also includes links to help you get the most from the Private Client materials, including how to subscribe to email alerts and how to contact the LexisAsk team. Key topics in Private Client Private Client lawyers commonly handle: Wills Probate Trusts Powers of...
Overview of the use of life insurance in estate planning Life insurance—also called life assurance—often plays a significant role in estate planning. This Practice Note outlines the principal policy types offered in the market, examines how they can support an estate plan, and reviews the key tax implications. A central difficulty in many estates is finding cash to settle the inheritance tax (IHT) that arises on death where no spousal exemption is available and the estate is made up, to a meaningful degree, of hard‑to‑realise assets. These can include land, shares in a business that may fail to attract business property relief, and chattels, for example works of art that fall outside the conditional exemption regime. Although IHT instalment property relief can, for illiquid assets, allow the liability to be spread over ten years with interest charged, the obligation to pay IHT remains, and releasing sufficient liquid funds can be problematic. Life insurance can, on death, provide immediate liquidity to meet the IHT liability...
Many Wills are relatively straightforward, often providing, for instance, that after debts are settled the estate is left outright to a spouse or to children, sometimes with additional specific legacies. In cases like these, no ongoing trust remains once the estate has been administered, so there is usually little justification for conferring powers on trustees beyond those conferred by the Trustee Act 2000 (TrA 2000) and other statutes (although it is not always possible to know in advance whether a trust will arise). At times, however, a continuing trust is the better fit, such as where beneficiaries are under age. A familiar Will trust pattern is a primary gift to the surviving spouse, with the estate instead passing to surviving issue if the spouse fails to outlive the testator, either straightaway or once a specified age is reached. Where the children are minors, or have not yet attained the age at which the gift is to vest absolutely, trust provisions are needed so that the assets are managed properly. The...
This trust is executed on [ date ] Parties [ settlor ] of [ address ] (the Settlor); and [ original trustees ] of [ addresses ] (the Original Trustees) Background The Settlor holds absolute title to the life insurance policy (the Policy), the details of which are set out in Schedule 1. The Settlor intends to transfer the Policy to the Original Trustees, to be held by them upon the following trusts...
To [ insurance company ] We, [ solicitors ] of [ address ], acting as solicitors for [ assignor ], hereby notify you that, by a deed of assignment and declaration of trust dated [ date ] (the Life Insurance Trust) made between (1) [ assignor ] (the Assignor) and (2) [ trustees ] (the Trustees), the Assignor has transferred to the Trustees the benefit of the insurance policy detailed in the Schedule below, to be held by the Trustees in accordance with the trusts set out in the Life Insurance Trust. [ signature of solicitors ] Dated [ date ] The Schedule Issuing Society Policy Number Sum Assured Annual Premium ...