All Private Client Solicitors articles – Page 48
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FeatureBend and flex
Too many solicitors rely too heavily on the transferrable nil-rate band to protect clients’ estates after death, says Stephen Haggett. Could flexible discretionary trusts be the answer?
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FeatureCourse of action
The Private Client Section’s new regional seminar series is now under way, and runs until March next year. Book now or miss out!
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NewsLifeline for the lonely: Esther Rantzen talks to us about The Silver Line
Journalist and campaigner Esther Rantzen has launched a nationwide helpline for elderly people who struggle with loneliness. Before speaking at the Elderly Client Care Conference last month, she discussed with PS how private client solicitors can play their part too.
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FeatureLeft behind
The Presumption of Death Act came into force on 1 October 2014, allowing the family of a missing person to settle their estate and dissolve a marriage or civil partnership. Sarah Young explains the process
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FeatureMental notes
Helen Clarke reviews two new books aimed at providing practical support for solicitors on mental capacity and elderly client issues
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FeatureTrust issues
Your firm’s referral arrangements with financial advisers could have a very significant effect – for good or bad – on your relationship with clients. Mark Brownridge looks how to find your ideal referral partner, and how due diligence can help
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FeatureDarkening the door
Doorstep crime is an increasing problem, especially for vulnerable adults and the elderly. Ruth Andrews explains what it is, and how practitioners can spot the warning signs and help protect vulnerable clients
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FeatureBack to basics 34: Nil-rate band trusts
Simon Leney and Pippa Ward outline what NRB trusts are, how they are currently used, what the proposed changes to the regime are, and what this means for private client practitioners
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FeatureNew tricks
Last month, practitioners met at Chancery Lane for the Private Client Section’s first Elderly Client Conference. Gary Rycroft rounds up the event
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FeatureSpecialist needs
Julie Butler looks at the impact of Mehjoo v Harben Barker in relation to when it becomes necessary to obtain specialist advice for farming clients
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AnalysisNil-rate band legacies: Woodland Trust loses claim
Lesley King looks at the cases of Loring v Woodland Trust (on the meaning of ’unused nil rate’ in a will) and Cooper v Earl of Cardigan (guidance on circumstances in which the court will assist trustees in making ‘momentous’ decisions).
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AnalysisInheritance and Trustees' Powers Act - relatively modest?
Lesley King gives us the lowdown on the main changes introduced by the Inheritance and Trustees’ Powers Act 2014, which came into force on 1 October.
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FAQContact the Private Client Solicitor Section
Membership If you have a question about joining the Private Client Solicitor Section, renewing your membership or accessing your section benefits, contact our operations team. Email: msadmin@lawsociety.org.uk Feedback Let us know if you have feedback on the Private Client Solicitor Section, such as suggestions for future topics or ways ...
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Analysis
Newcastle upon Tyne Hospitals Foundation Trust v LM
An application was made by the NHS Trust for a declaration that it would be lawful to withhold a blood transfusion from LM, a gravely ill 63-year-old female Jehovah’s Witness.
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NewsLaw Society publishes new practice note on international aspects of mental capacity
The new practice note deals with some of the issues that may arise in private international law when an individual living or owning property abroad loses mental capacity
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News
Private Client Section e-newsletter September 2014
Featuring the Elderly Client conference, dates for the upcoming seminar series, an FAQ on applying for probate if the original will is missing, and Lesley King on DOTAS and the Inheritance and Trustees’ Powers Act 2014
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AnalysisStrengthening the DOTAS rules
Lesley King discusses the government’s consultation on strengthening the DOTAS regime, including proposals to significantly increase IHT reporting requirements, and how the Inheritance and Trustees’ Powers Act 2014 amends claims made under the Inheritance Act 1975.
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OpinionDo it yourself
Private Client Section chair Simon Leney fears the rise in applications for lasting powers of attorney may lead to further abuses of process if the solicitor is cut out
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FeatureSharp relief
The Court of Appeal decision in Mitchell has had widely reported repercussions for litigators around relief from sanctions, but what are the particular issues for contentious private client practitioners? Charlotte Searle explains