| 1 | Co-ownership and trusts of land toolkit A toolkit to guide users around PLC materials on jointly owned land and drafting, interpreting and negotiating a declaration of trust. | Practice note: overview | Maintained |
| 2 | Doorstep selling: overview An overview of the law on doorstep selling in the UK contained in the Cancellation of Contracts made in a Consumer's Home or Place of Work etc Regulations 2008 (SI 2008/1816). | Practice note: overview | Maintained |
| 3 | Inheritance tax transferable nil rate band: overview This practice note explains what the inheritance tax nil rate band is and how spouses and civil partners can benefit from the changes introduced by the Finance Act 2008, which permits a transfer of any unused nil rate band to the surviving spouse/civil partner's estate on death. It also explains why nil rate band discretionary trusts are still useful, notwithstanding these changes. | Practice note: overview | Maintained |
| 4 | Inheritance tax: overview This practice note provides an overview of UK inheritance tax: when it is charged and the available reliefs and exemptions. It is intended as an introduction for those who are unfamilar with the charge, or as a refresher. NOTE: This resource is being reviewed in light of the 2013 Budget. For more information, see Legal update, 2013 Budget: key private client tax announcements | Practice note: overview | Maintained |
| 5 | Perpetuities and trusts: overview A note explaining what the rule against perpetuities is and how it applies to trusts. It covers the common law rules, the Perpetuities and Accumulations Act 2009, the Perpetuities and Accumulations Act 1964 and the Law of Property Act 1925. It links to detailed notes on how to apply the rule in common trust situations. | Practice note: overview | Maintained |
| 6 | Taxation of UK trusts: overview An overview of the taxation of UK resident trusts set up by UK individuals. The note outlines how inheritance tax, capital gains tax and income tax apply to trusts, including special rules for trusts from which the settlor may benefit and trusts for vulnerable beneficiaries. It deals briefly with stamp taxes. There are links to more detailed information, including information about specific taxes. | Practice note: overview | Maintained |
| 7 | Amending and revoking wills This practice note explains how a testator can amend a will on the face of the will or by making a codicil, and how to revoke a will. It covers mutual wills and special rules about the effect on a will of marriage, divorce or civil partnership and about the wills of soldiers, sailors and airmen. | Practice notes | Maintained |
| 8 | Appointing guardians in wills A note explaining how parents can appoint guardians for minor children in their wills. It covers simple appointments and more complicated ones, with examples, and also explains how to revoke or end an appointment. | Practice notes | Maintained |
| 9 | Bare trusts for minors A note introducing bare trusts for children under 18 (minors), setting out how they can be established, their advantages and disadvantages, and how they are taxed. | Practice notes | Maintained |
| 10 | Co-ownership and severing a joint tenancy A Practice note explaining the principles of co-ownership and how severance can be effected to convert a joint tenancy into a tenancy in common. | Practice notes | Maintained |
| 11 | EU Succession Regulation (Brussels IV) This note discusses the key points of the Regulation (EU) 650/2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession, known as Brussels IV. Richard Frimston is a member of the PLC Private Client consultation board. | Practice notes | Maintained |
| 12 | Executing wills and codicils This practice note explains how to execute wills and codicils. It covers the standard formalities, who can be a witness, how to deal with defects in execution, duties of professional advisers in relation to execution, and what the formalities are in less common cases and when there is an international element. | Practice notes | Maintained |
| 13 | Exempt and non-exempt will residue: Re Benham and Re ... This practice note looks at the tax issues that can arise when a will is drafted so that the residuary estate is divided between exempt and non-exempt beneficiaries. The leading cases Re Benham's Will Trusts and Re Ratcliffe (deceased) are discussed. | Practice notes | Maintained |
| 14 | Inheritance tax agricultural property relief and business ... This practice note discusses: How agricultural property relief and business property relief is deducted when calculating inheritance tax. The impact of section 39A of the Inheritance Tax Act 1984. How these reliefs can be maximised through careful drafting of the will. | Practice notes | Maintained |
| 15 | Inheritance tax: leaving 10% of an estate to charity A practice note about the lower rate of inheritance tax (IHT) of 36% for testators who leave 10% of their net estates to charity (section 7 and Schedule 1A, Inheritance Tax Act 1984). It explains how the 10% test works (with examples), and discusses the implications for testators, personal representatives, trustees, beneficiaries and charities, and how to draft wills for testators who want to benefit from the lower rate. We would welcome subscriber's views on the practical consequences of this legislation, and in particular on the options for testators (see Your views). | Practice notes | Maintained |
| 16 | Lasting and enduring powers of attorney: disclosure of donor's ... A note examining an attorney's rights to see the will of a donor of a lasting power of attorney (LPA) or enduring power of attorney (EPA). Explains that an attorney has no right to see the donor's will without the donor's consent if a duty of confidentiality is present; when a duty of confidentiality arises; how the donor may be able to authorise disclosure when he has capacity; what options are available if an incapable donor has not authorised disclosure; and what happens when the donor dies. | Practice notes | Maintained |
| 17 | Master Will: changes that are not yet included in FastDraft ... A note listing changes to Standard document, Master Will with drafting notes that are not yet included in the FastDraft version. | Practice notes | Maintained |
| 18 | Master Will: Overview This practice note provides a brief overview of the Master Will with drafting notes. | Practice notes | Maintained |
| 19 | Parental responsibility: what is it and who has it? A practice note explaining the meaning of parental responsibility for children, who has parental responsibility and how it ends, with examples. | Practice notes | Maintained |
| 20 | Perpetuities and Accumulations Act 2009: how the law has ... A note that describes in detail how the Perpetuities and Accumulations Act 2009 changed the law when it came into force on 6 April 2010. It explains how the changes affect new and existing wills and trusts in practice, including wills republished by codicil and trusts of pension death benefits. | Practice notes | Maintained |
| 21 | Perpetuities and trustee powers A note explaing how the rule against perpetuities applies when drafting, varying and exercising trustee powers, how to determine whether existing powers and appointments are valid and what the consequences are if they are void. It describes the difference between general and special powers of appointment, and between administrative and dispositive powers. | Practice notes | Maintained |
| 22 | Perpetuities and trusts: advising whether an existing trust is ... A note explaining how the rule against perpetuities applies to existing trusts. It describes how to establish what the perpetuity period of the trust is, how to check whether trust interests are valid at common law, and how the provisions of the Perpetuities and Accumulations Act 2009, the Perpetuities and Accumulations Act 1964 and the Law of Property Act 1925 may save interests that are void at common law. | Practice notes | Maintained |
| 23 | Perpetuities and trusts: determinable interests and conditions ... A note explaining what determinable interests and conditions subsequent are, and how the rule against perpetuities applies when drafting them or advising on existing interests. | Practice notes | Maintained |
| 24 | Perpetuities and trusts: drafting or varying a trust A note explaining how to meet the rule against perpetuities when drafting or varying a trust. It describes how to make clear what the perpetuity period is and draft trust interests that must vest within it, using examples of remainder interests, contingent interests and class gifts. | Practice notes | Maintained |
| 25 | Perpetuities and trusts: what are the consequences of void ... A practice note describing the consequences of trust interests that are void because they do not satisfy the rule against perpetuities. It covers the effect of void interests on other trust interests, alternative ways to achieve the settlor's intentions, tax consequences and claims by or against the trustees. | Practice notes | Maintained |
| 26 | Private client legislation tracker This tracker follows the progress of English legislation, EU legislation, and Law Commission and other projects that may lead to legislation of interest to private client practitioners. | Practice notes | Maintained |
| 27 | Private client legislation tracker: archive This legislation tracker is an archive of items removed from PLC Private Client legislation tracker, including Acts where provisions of interest to private client practitioners have been in force for at least a year, Bills that are not proceeding and Law Commission projects where the government has introduced a Bill in Parliament or published a draft Bill for consultation, or where it appears that the government will take no further action. | Practice notes | Maintained |
| 28 | Private client tax legislation tracker 2011-12 A note tracking the progress of the Finance Bill 2012 as a whole and specific tax measures of interest to private client practitioners. It covers developments from August 2011 to July 2012 inclusive, with links to information on earlier and later developments. | Practice notes | Maintained |
| 29 | SRA Handbook 2011 and Code of Conduct: issues for private ... From 6 October 2011, solicitors must comply with the Solicitors Regulation Authority (SRA) Handbook, which includes the SRA Code of Conduct and the SRA Accounts Rules. This note looks at aspects of the SRA Code of Conduct and Accounts Rules that are of particular interest to private client lawyers. Warning: this note is not a substitute for reading the SRA Handbook 2011. | Practice notes | Maintained |
| 30 | Statutory wills A practice note explaining the Court of Protection's jurisdiction to order the execution of a will, the factors the court takes into account in ordering the execution of a will, and the procedure to follow to obtain an order for execution of a will. It is based on the law under the Mental Capacity Act 2005 and does not cover issues relating to wills executed before the commencement of that Act on 1 October 2007, except where indicated.To view Jennifer Haywood's profile, click here. | Practice notes | Maintained |
| 31 | Tax data for individuals and trustees A note containing links to tax data of interest to individual taxpayers and trustees (including personal representatives). It covers rates, allowances and time limits for inheritance tax, capital gains tax, income tax and stamp taxes, and tax limits that apply to registered pension schemes and individual savings accounts. It includes links to interest rates on tax paid late and tax overpaid. | Practice notes | Maintained |
| 32 | Tax data: inheritance tax A note containing tables of inheritance tax (IHT) rates, main exemptions and reliefs, deadlines for returns and payments, and time limits for assessments and claims, with links to interest rates on IHT paid late and overpaid, and to more detailed information about IHT. It includes some information about capital transfer tax (CTT) and estate duty. | Practice notes | Maintained |
| 33 | Taxation of UK trusts: capital gains tax An overview of the capital gains tax treatment of UK resident trusts set up by UK individuals. This note outlines how capital gains tax applies to trusts, including special rules for trusts in which the settlor may be interested and trusts for vulnerable beneficiaries. | Practice notes | Maintained |
| 34 | Taxation of UK trusts: IHT and CGT summary tables Tables summarising how inheritance tax and capital gains tax apply on the main events in the life of UK trusts. It covers relevant property trusts, qualifying interest in possession trusts, trusts for bereaved minors, accumulation and maintenance trusts, 18 to 25 trusts and disabled person's interests. | Practice notes | Maintained |
| 35 | Taxation of UK trusts: income tax An overview of the income tax treatment of UK resident trusts set up by UK individuals. This note outlines how income tax applies to trusts, including special rules for trusts from which the settlor may benefit and trusts for vulnerable beneficiaries. | Practice notes | Maintained |
| 36 | Taxation of UK trusts: inheritance tax An overview of the inheritance tax treatment of UK resident trusts set up by UK individuals. This note outlines how inheritance tax applies to trusts, including special rules for trusts where the settlor has reserved a benefit and disabled persons' interests trusts. | Practice notes | Maintained |
| 37 | What do references to "children" mean in wills and trusts? This practice note explains the rules that determine the meaning of express or implied references to an individual's children (and other relationships that depend on parentage) in wills and trust documents, unless the testator or settlor has included express provisions overriding the rules or a different meaning applies as a matter of construction of the particular will or trust. | Practice notes | Maintained |
| 38 | Will trusts for minors: summary tables Tables summarising the key features of different types of will trust for minors, including how they are taxed. | Practice notes | Maintained |
| 39 | Wills: survivorship clauses and commorientes Survivorship clauses are often used in wills, but they are not always appropriate and can sometimes cause inheritance tax disadvantages. This note considers why survivorship clauses are used, the tax implications of doing so and how they interact with the statutory provisions of the commorientes rule. | Practice notes | Maintained |