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In this issue: Probate Trusts Elderly and vulnerable clients UK taxes for Private Client HMRC Manuals updates Tax avoidance, evasion and non-compliance Regulatory compliance for Private Client Budgets and Finance Bills Charity and philanthropy 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 Useful information Probate Bereaved Partner’s Paternity Leave Regulations 2026 (SI 2026/237): these Regulations create a new statutory entitlement for an employee to take time off to care for a child during the first year following birth, placement for adoption, or arrival in Great Britain for an overseas adoption, where the child’s primary carer has died (bereaved partner’s paternity leave). They take effect on 6 April 2026. See: LNB News 15/01/2026 18. Trusts Representation orders...
In this issue: Probate Trusts Court of Protection Elderly and vulnerable clients UK taxes for Private Client HMRC Manuals updates Budgets and Finance Bills 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 Probate HMRC updates schedule IHT430 HMRC has issued a revised IHT430 schedule, used when claiming or choosing not to apply the reduced rate of inheritance tax where at least 10% of an estate is left to charity. The section on qualifying charities has been amended following legislative changes, meaning gifts to EU charities no longer secure IHT exemption. See: LNB News 10/09/2024 40. Source: Inheritance Tax: reduced rate of Inheritance Tax (IHT430)—GOV.UK (www.gov.uk). Trusts...
In this issue Court of Protection UK taxation for private clients Updates to HMRC Manuals Tax avoidance, evasion and non-compliance Budgets and Finance Bills Private client insolvency Digital and crypto assets Charity and philanthropy Disputed trusts and estates Pensions, insurance and tax‑efficient investments International Further Private Client updates this week Question of the week News alerts—daily and weekly LexTalk® Private Client: a Lexis+® community New and updated content Dates for your diary Trackers Latest Q&As Useful information Court of Protection Court rules that an anonymity application under CPR 39.2(4) and section 6 of the Human Rights Act 1998 must proceed on a statutory basis (PMC (a child by his mother and litigation friend FLR) v Local Health Board) The claimant, a boy born in 2012, pursued a clinical negligence action against an NHS trust for injuries at birth. The claim, issued in March...
Overall Purpose The first issue is to define the overarching purpose and vision for the charity from the outset. Will it operate as a service-delivering body or concentrate on grant-giving? Does it address a particular local concern or a nationwide cause? Is the ambition long-term or tied to a specific event? Charitable Objects Under UK law, a charity must: have charitable purpose(s) set out in the governing document, and meet the public benefit requirement The Charity Commission provides precedent clauses. Careful consideration should be given to whether benefit is restricted at all. Legal form of the charity The legal form of the charity will need consideration. The available options include: Charitable trust Charitable company incorporated by guarantee Charitable incorporated organisation (CIO) Unincorporated association Other structures Charity created under a Will or inter vivos trust A charitable trust can be simpler, yet may not be suitable where, for...
Charitable appeals Appeals for charity are commonplace, yet it is often overlooked that when members of the public contribute to an appeal for a purpose that is charitable in law, a trust for that purpose arises automatically by operation of law. This remains true even where the written terms are remarkably brief, eg ‘Save the Rembrandt for the Nation!’ or ‘Little Snoring Village Hall Roof Appeal’, or where there is no written notice at all but only an oral statement such as ‘A retiring collection will be made for Cancer Research’. The act of giving for a charitable purpose places those who receive the funds under a fiduciary obligation to apply them to that purpose, and to no other. Put another way, the recipients hold the money as charitable trustees. The nature of the purposes and appeals, the intended audience, and the amount sought (and in fact raised) vary widely. Initiatives may range from a modest local endeavour to a national campaign, and the totals collected may extend from...
Practice Note The UK charities landscape is substantial, with varied pension arrangements across organisations. Many charities now contend with financial strain driven by multiple influences, including: rising operating expenses falling levels of giving weaker than expected investment returns Local authorities are increasingly outsourcing elements of their services to the private and third sectors—frequently housing, elderly care and youth provision. Charities and other not for profit bodies often assume these roles; in this note, references to a ‘charity’ also encompass a ‘not for profit organisation’. Any charity entering into a local authority contract must recognise the pensions consequences. A notable illustration came in September 2015, when it was reported that the Multiple Sclerosis Society planned to sell a support centre to meet costs arising from participation in the Local Government Pension Scheme. This Practice Note outlines the specific pension considerations that arise when a charity takes on outsourced local authority services...