Protected trust deed meaning

In this issue: Probate Court of Protection UK taxes for Private Client HMRC Manuals tracker Tax avoidance, evasion and non-compliance Budgets and Finance Bills Digital assets and cryptoassets Charity and philanthropy Contentious trusts and estates 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 Daily and weekly news alerts LexTalk®Private Client: a Lexis+® community New and updated content Dates for your diary Trackers Latest Q&A Useful information Probate ICAEW launches consultation on 2026 probate registration fee increases The Institute of Chartered Accountants in England and Wales has opened a consultation on probate registration charges for 2026. It proposes a 5% uplift to offset inflation and satisfy Legal Services Board requirements, while keeping the compensation scheme levy unchanged. The measures are projected to create a £13,000 surplus...

In this issue: Probate Trusts Court of Protection Elderly and vulnerable clients UK taxes for Private Client HMRC Manuals updates Regulatory compliance for Private Client Family businesses and ownership structures Charity and philanthropy Contentious trusts and estates Pensions, insurance and tax efficient investments Scotland, Wales and Northern Ireland Question of the 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 Application granted to seal Will of former IRA agent (Johnson v His Majesty’s Attorney-General) The Chancery Division, on a summons, ordered the Will of Frank Cowley (formerly Freddie Scappaticci) to be sealed pursuant to the Non-Contentious Probate Rules 1987, SI 1987/2024, r 58, and section 124 of the Senior Courts Act 1981. The court held that making the Will public would be ‘undesirable’ and ‘inappropriate’, due to...

A glossary of frequently used terms and phrases in Scottish Private Client law, with the closest England and Wales equivalents (where applicable) and links to helpful websites Ab intestato Meaning From someone who dies without a will; describes property taken under the laws of intestate succession. Nearest English equivalent None Action of specific implement Meaning A court action seeking an order compelling a party to carry out a particular act. In Scotland there is no division between equitable and legal remedies, unlike England and Wales. Nearest English equivalent Specific performance (an equitable remedy for breach of contract that can be ordered alongside, or in place of, damages) Advance notice Meaning An entry in the relevant property register that protects the grantee of a deed intended for registration in the Land Register of Scotland. The protected period of 35 days begins on the day after registration....

For many years, debtors have relied upon trust deeds in order to reach a compromise with their creditors as an alternative to formal sequestration in Scotland (see Practice Note: Scotland: the process for applying for sequestration). Rooted in the common law, trust deeds long attracted a relatively ‘light touch’ from the courts, but the law now pays closer attention to them and to this field generally today. Accordingly, trust deeds are presently subject to markedly tighter regulation than previously in Scotland. This Practice Note outlines the key legal principles on trust deeds and the process for obtaining, and the effect of, protected status in this context too. For definitions of frequently used Scottish insolvency terminology, see Practice Note: Glossary of Scottish insolvency words and expressions therein. The Scottish government has announced a commitment to review both formal debt recovery mechanisms—diligence—and the statutory debt solutions—moratorium protection, bankruptcy, Protected Trust Deeds and the Debt Arrangement Scheme—with the aim of ‘further enhancing and improving our system’ in due...

Introduction Settlements in trusts, estate and inheritance conflicts are frequently reached after the parties take part in alternative dispute resolution (ADR), commonly through mediation. It is vital that those involved and their advisers (and, ideally, the mediator) remain alert to the legal and procedural steps required to make the agreement binding and to bring the dispute to a formal close. Judicial approach to ADR and sanctions ADR is a key mechanism for resolving trusts, estates and inheritance matters. It features prominently in the Association of Contentious Trusts and Probate Specialists’ Practice Guidance for the Resolution of Probate and Trust Disputes (the ACTAPS Code), and sits at the heart of the court’s case management powers in advancing the overriding objective under the Civil Procedure Rules (CPR). See: ACTAPS Code (paras 2.9–2.13) Practice Direction Pre-Action Conduct and Protocols, paras 8–11 CPR 1.3, 1.4(1), 1.4(2) and 3.1(2)(m) Standard directions from the court frequently urge parties to consider ADR, noting that the...