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Legal professional privilege (LPP) is a core legal protection that permits [ insert organisation’s name ] to resist producing evidence to a third party or the court. It enables the organisation to seek expert legal guidance, setting out all pertinent facts to our legal advisers without concern that they will later be revealed and used against us. This short guide sets out what legal professional privilege (LPP) is and how we can best preserve it. 1 What is legal professional privilege? LPP is an umbrella term covering: legal advice privilege (LAP) litigation privilege LPP safeguards the confidentiality of written and verbal communications between lawyers and clients. It is a fundamental entitlement, allowing a party to withhold material from disclosure to any third party or a court. Legal advice privilege Legal advice privilege applies to all confidential communications between a client and their lawyer made for the
Please click to access the Precedent. Please note this register has been created in Excel, and therefore it cannot be downloaded into Word. For detailed guidance on completing a legal risk register, see Practice Note: How to create a legal risk register. However, a concise summary is set out briefly below. What is a legal risk register? A legal risk register is a means of gathering and overseeing all legal risk information in a single location. To produce an effective and reliable register, you must first determine the legal risks your organisation encounters. Understanding your organisation’s risk appetite is also highly advantageous. The register then lets you classify each risk appropriately, assign a score to it, and choose mitigation measures and actions. Separate Precedents exist for a general risk register and for a privacy risk register-see Precedents: Risk register and Privacy risk
[ To be printed on the headed paper of the lender’s lawyers ] To: [ insert name and address of Lender ] [ insert date ] Dear [ insert name of Lender ] [ Matter name/reference ] We have served as English law counsel to [ insert name of lender ] (the Lender) in relation to the provision of finance to [ insert name of borrower, company number and registered office ] (the Borrower) comprising a [ term loan and revolving credit facility ] [ describe facilities ] of £[ insert amount ] (the Transaction), and to the negotiation, drafting, execution and completion of the documents specified in Schedule 1 (Documents examined), Paragraph 1 (Opinion Document) (the Opinion Document). We deliver this opinion letter to you, the Lender, pursuant to [ Schedule 2 ] (Conditions Precedent) of the facility agreement between the Lender and the Borrower dated [ insert date ]
[ Headed notepaper of law firm issuing the opinion ] [ insert name and address of Lender ] [ insert date ] Dear [ insert name of Lender ] Facility Agreement dated [ insert date ] made between [ insert name of lender ] (the Lender) and [ insert name of borrower ] (the Borrower) (the Facility Agreement) We refer to clause [ insert number of clause which requires delivery of legal opinion ] of the Facility Agreement, which requires the delivery of a legal opinion. This opinion is provided in satisfaction of that requirement. Unless expressly defined in this opinion, terms defined in the Facility Agreement carry the same meanings when used herein. This opinion is governed by English law and is subject to the exclusive jurisdiction of the courts of England. 1 Background 1.1 This opinion concerns the English law aspects of a transaction (the
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If [ insert full name of beneficiary ] of [ insert full address of beneficiary ] either dies before me or, though surviving me, does not acquire a vested interest in the said [ insert proportion of shares of residue ] share, I instruct my trustees to hold [ proportion of the predeceased beneficiary’s share, eg one-half ] of [ insert full name of predeceased beneficiary ]’s entitlement as an addition to the share(s) bequeathed to [ insert full name of substituted beneficiary ] of [ insert full address of substituted beneficiary ] and their issue, and to treat the balance being the other [ proportion of the predeceased beneficiary’s share, eg one-half, ] of [ name of predeceased beneficiary......
I stipulate that, should [ insert full name or names of the person(s) whose gift(s) may lapse ] of [ insert full address(es) of the person(s) whose gift(s) may lapse ] die during my lifetime [ leaving issue alive at my death or then en ventre but born thereafter ], the gift(s) contained herein for them shall not fail, but shall pass as though they had survived me and died immediately after my death......
I direct my trustees to hold [ my residuary estate ] on trust for those of my children who survive me and attain 18 years, and, if more than one, distribute it in equal shares absolutely......
1 Gift of property 1.1 I leave free of tax to my Trustees my property described as [ describe property with full address ] (or any other property that I own as my principal residence at the date of my death) (the Property ) under the following trusts......
I bequeath [ free of tax ] to [ each of ] [ insert full name or names of executor(s) ] of [ insert full address(es) of executor(s) ] [ whether or not they prove my Will OR if they prove my Will ] the amount of £[ insert amount ]......
1 In clause 2 below, ‘the Sum’ means the amount arrived at by dividing £[ insert amount of legacy ] by the figure in the Index of Retail Prices for the month in which this Will is executed, allowing for any re-basing of that Index that may have occurred in the interim, and then multiplying by the corresponding figure in that Index for the month of my death. If, at that time, the latter figure is unavailable (whether because that Index has ceased publication or for any other reason), my Trustees—who may, if they think fit, refer to any other index they consider relevant and obtain whatever advice they deem appropriate—shall decide what, in their opinion, that figure would have been had it been available, and shall use the figure they determine for this calculation; their decision shall bind [ insert name of...
My Residuary Estate The residuary portion of my estate shall be given or conveyed to the charity [ called OR known as ] [ full name of charity ] of [ full address of charity ], charity number [ insert number of charity ], [ the receipt of whose treasurer shall constitute a sufficient discharge to my Trustees ]......
I give my freehold house and land at [ insert full address of house and land ] [ and called [ insert house and land name(s) if relevant ] ] to my trustees, on trust that, if my [ spouse OR civil partner [ insert full name of spouse or civil partner ] ] wishes, they shall let on a yearly tenancy at £[ insert amount of rent ] per annum, without right to assign, sublet, or part with possession [ save furnished lettings up to [ insert period in months ] months yearly ], provided my [ spouse OR civil partner ] keeps the premises in good tenantable repair and insured against fire. While my [ spouse shall not marry or form a civil partnership OR civil partner shall not form another civil partnership or marry ] and complies, any notice to end the...
I leave [ free of tax ] to [ full name of beneficiary ] of [ full address of beneficiary ] together with [ full name of beneficiary ] of [ full address of beneficiary ], in [ indicate shares eg equal ] portions, or (should either predecease me) entirely to the survivor, the total amount of £[ insert the amount ]......
I appoint: [ name of spouse ] [ also ] of [ address of spouse ] (my Spouse); [ description of second executor, eg my brother, my daughter, my friend ] [ name of second executor ] of [ address of second executor ]; [ description of third executor, eg my brother, my daughter, my friend ] [ name of third executor if applicable ] of [ address of third executor ]; (my General Executors) to serve as the executors and trustees of this Will, save for the portion of my estate allocated to my digital executor [ s ]......
1 I appoint: 1.1 [ full name of first executor ] of [ full address of first executor ]; and 1.2 [ full name of second executor ] of [ full address of second executor ]; (my English Trustees) to act as the executors and trustees of this Will for the purpose of administering my English Estate [ and for the purpose of accepting from my appointed Foreign Trustees and handling......
I appoint: [ name of spouse ] [ also ] of [ address of spouse ] (my Spouse); [ and ] [ description of second executor, eg my brother, my daughter, my friend ] [ name of second executor ] of [ address of second executor ]; [ and ] [ description of third executor, eg my brother, my daughter, my friend ] [ name of third executor if applicable ] of [ address of third executor ]; [ (my General Executors ) ] to act as the executors and trustees of this Will save as to the part of my estate......
GENERAL INFORMATION Client and spouse/civil or unmarried partner: names, address, landline, mobile, email, DOB, marital status... Children: names, DOB; previous marriages; ongoing financial commitments (details if yes)... Earlier Wills (with dates) or retrieve; LPAs/ EPA (details or retrieve); other dependants... AML documents received and checks complete; note any capacity, health or duress concerns... ASSETS AND LIABILITIES Homes: description, £ value, ownership (joint tenants, tenants in common, or sole)... Other assets: cash, investments, shares, cryptocurrency/digital assets with £ values; foreign assets with location/type... Life and pension policies, in trust? provider and £; company interests... Valuable chattels; business/agricultural interests; trust interests/powers/inheritances with approx £... Lifetime gifts: details, £, donee, date; liabilities incl. mortgages, credit cards etc., with £... WILL DETAILS Mirror Wills; executors and relationship; guardians and relationship... Specific pecuniary legacies and tax status; trust legacies (e.g. business/agricultural property); other bequests; personal possessions letter of wishes (copy if...
Action √ Date Will survey and Making a Will—client handbook despatched to client(s) Terms of business letter and further client care details despatched Is anti-money-laundering documentation now required?......
STOP PRESS: Abolition of non-dom regime and introduction of residence-based IHT regime. Finance Act 2025 ( FA 2025), which attained Royal Assent on 20 March 2025, enacts measures removing the remittance basis of taxation and substituting a residence-based system, taking effect from 6 April 2025. FA 2025 likewise also displaces domicile as the primary determinant of exposure to inheritance tax. Further reforms cover the following key areas: revisions to the tests used for excluded property status, ending the protected settlements status for offshore trusts, and alterations to the overseas workday relief. For further detail, consult Practice Notes: The abolition of the remittance basis of taxation from 2025–26 and A new residence-based regime for IHT from 2025–26. See also the Finance Bill Tracking Service: Key dates ( Finance Bill 2025) and Finance Act 2025. This questionnaire assists us in making an initial assessment of your needs and allows us to...
1 [ My Trustees are to hold my Residuary Estate together with the income arising therefrom upon trust, to apportion it, or deem it apportioned, into [ insert number ] shares of equal value, and will hold them upon the following trusts and subject to the following provisions......
FORTHCOMING CHANGE: Potential changes to Wills Act 1837 On 16 May 2025, the Law Commission’s review of Wills published its final report, with Volume II setting out a draft bill intended to replace the Wills Act 1837. For information on these changes, including the published draft legislation, see Practice Note: Hot topic—modernising Wills and Modernising wills: Final Report Volume II: draft Bill for a new Wills Act. STOP PRESS: Abolition of non-dom regime and introduction of residence-based IHT regime Finance Act 2025 ( FA 2025), which gained Royal Assent on 20 March 2025, enacts the abolition of the remittance basis of taxation and introduces a residence-based regime with effect from 6 April 2025. FA 2025 also makes residence, rather than domicile, the primary determinant of liability to inheritance tax. Other changes include: Amendment of the rules determining excluded property...
1 Legacy of nil rate band on discretionary trust 1.1 [ If my Spouse survives me ] I direct my Trustees, free of inheritance tax and foreign death duties, to receive the greatest sum of money (if any) that may, in the circumstances prevailing at my death, be provided under this clause without any liability arising for the payment of inheritance tax on, or by reason of, my death (the Nil Rate Band Legacy). For the avoidance of doubt, and without limiting the generality of the foregoing, the circumstances to be considered shall include: any chargeable transfers made by me during my lifetime (or events treated as such for inheritance tax purposes); the dispositions taking effect under this Will (other than this clause 1) or any codicil to it; and any property regarded as forming part of my estate...
FORTHCOMING CHANGE: At Autumn Budget 2024 on 30 October 2024, alterations to Agricultural Property Relief were announced, under which the 100% rate of relief will be restricted from April 2026. From that date, it will no longer apply to the entire value of qualifying agricultural property, but instead only to the first £1m of value. The portion of agricultural property above £1m will attract only 50% BPR. Any property which qualifies for business property relief ( BPR) will need to be brought into account when assessing whether the £1m threshold is exceeded. For information on these changes, including draft legislation published with Autumn Budget 2024, see: Autumn Budget 2024 (paras 2.51 and 5.54), (para 2.12) and OOTLAR (para 2.12) and Autumn Budget 2024— Private Client analysis. 1 Legacy of qualifying agricultural property on discretionary trust 1.1 In this clause 1, ‘ Qualifying...
1 Legacy of qualifying business property on discretionary trust 1.1 For the purposes of this clause 1, “ Qualifying Business Property” means any property in respect of which the deemed transfer of value arising on my death is treated as having its value reduced by 100%, on the basis that it constitutes relevant business property through the application of sections 104 and 105 of the Inheritance Tax Act 1984. 1.2 [ If my Spouse survives me and the trust for my Spouse of my residuary estate in clause [clause number dealing with the Trust of Residuary Estate] below takes effect,] I leave to my Trustees all Qualifying Business Property that I own at my death [subject to the payment, from my Qualifying Business Property, of any inheritance tax chargeable by reason of my death that is attributable to it (after taking into account any...
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When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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