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Private Client Section Content Hub
Keep up to date with features, commentaries and current awareness updates from the industry’s leading practitioners.
Featured content
Feature
Howe v Howe: An insider’s guide
Andrew Bishop looks at Howe v Howe – where he acted for the successful claimant – and its implications for Inheritance Act claims
FeatureIt’s good to talk
Sarah Robinson looks at the recent Law Society’s Private Client Annual Conference
FeatureA will for change
The Law Commission’s long-awaited report, Modernising Wills Law, was published in May. Laura Abbott examines the main proposed reforms
FeatureAdvising the affluent
Barry Griffin helps to navigate the many complexities of advising high-net-worth clients
FeatureSafe and sound
Heledd Wyn offers practical advice on how to spot vulnerable clients and how to best document and record capacity issues – plus signposts to further resources
FeatureModern family
Family structures have greatly changed in recent years. Cara Nuttall and Joe Ailion guide you through various legal issues that can arise
FeatureAll change for capacity?
Holly Miéville-Hawkins and David Wedgwood reflect on the proposed move away from the test in Banks v Goodfellow for testamentary capacity
FeatureNavigating charity law
Sarah Murphy and Ciara Lawlor look at what you need to consider when writing gifts for religious organisations
FeatureEthics in: Court of Protection
Fiona Heald and Sophie O’Connell consider the ethical issues relating to Court of Protection applications and advising deputies or attorneys
FeatureWorst case scenario
Chris Claxton-Shirley and Mollie Gray look at the importance of talking to clients about disaster clauses
FeatureStress test?
Is burnout inevitable in law? Holly Miéville-Hawkins explores the latest evidence, and suggests how you as an individual can add small healthy practices to your working day
FeatureKind regards?
In relation to costs challenges, how should the courts strike the balance between third-party beneficiaries and solicitors acting on behalf of executors? Kris Kilsby explores the issues
FeatureCounting the cost
Tim Kidd explores the Solicitors Regulation Authority’s recent consultation on its proposed changes to the handling of client money
FeatureFAQ: Checking citations in the age of AI
Our library team look at increasingly common enquiries of whether or not a case citation is real in the age AI
FeatureUpcoming pension changes: What should you be doing now?
Soon, pensions will be liable to inheritance tax. James Corcoran, from Law Society partner Lumin Wealth, explains what you should be doing as solicitors to get ahead of the changes
FeaturePAS FAQ: Client not responding to will approval request
Our Practice Advice Service answers some commonly asked questions by private client practitioners
FeaturePAS FAQ: Removing an obstructive executor
Our Practice Advice Service answers some commonly asked questions by private client practitioners
FeatureHowe v Howe: An insider’s guide
Andrew Bishop looks at Howe v Howe – where he acted for the successful claimant – and its implications for Inheritance Act claims
FeatureTime to trust
Special tax treatment is given to disabled persons’ settlements. Ian Hunt explains who’s eligible, how to set them up and how they work
FeaturePrenups without borders
Alberto Perez Cedillo considers the legal strategies for international couples seeking a prenup
FeatureKeeping it in the family
Shared agreements outlining how a family lives and works together are becoming more popular. Russ Haworth explains their importance and process of creation.
FeatureBack to Basics: Attendance notes
Sarah Cairns, Andrew Bishop and Cian Jones look at and offer best practice on attendance notes
FeaturePhilanthropy – good for the soul?
Darren Beach talks to Steven Appleton about the importance of talking to your clients about philanthropy, shared values and succession planning
FeatureTo gift or not to gift?
How generous can you be with someone else’s money? David Taylor explains the rules for gifting by deputies and attorneys
FeatureDom’d if you do…
Kugan Panchalingam and Sarah Stenton explain the new tax rules for non-domiciled individuals living in the UK
FeatureValues and vision
Attracting top talent for private client work can be difficult. Sally Summerscale offers what Rothley Law are doing to help buck the trend
FeaturePondering pensions
Last year’s autumn budget announced potential major changes to the pension landscape. Sarah Astley discusses strategies and future options for private clients
FeatureWhere there’s a will
How do you persuade potential clients to ditch the DIY will kit and invest in your will writing services? Rachel Hyndman shares some ideas
VideosMember Talk: Cross- Border Challenges in Mental Capacity
Managing the affairs of clients who have assets across different jurisdictions but have lost mental capacity.
FeatureLibrary FAQ: Uncooperative beneficiaries
The Law Society library look at what to do when a beneficiary is being uncooperative
FeatureThe bank of mum and dad
Sarah Robinson looks at the ‘bank of mum and dad’ and related estate planning considerations, in the build-up to a Law Society seminar and networking event in Southampton, 9 July 2025
VideosMember Talk: Financial Abuse
Learn to spot red flags that could indicate financial abuse and the common mistakes solicitors make when advising clients on gifts and wills.
FeaturePodcast: What to expect from the Law Commission’s wills report
On Today’s Wills and Probate Podcast, Elizabeth Gibbison, chair of the Private Client Solicitors Section Advisory Committee and Stephen Lawson, chair of the Wills and Equity Committee, offer a deep dive into the ongoing and upcoming changes in the law of wills.
VideosMember talk: cross-border issues
Understand the common queries with cross-border succession planning and inheritance. Our speakers share best practice across different jurisdictions and relevant case law updates.
FeatureEvent round-up: healthcare funding discussion, and the Law Society’s bicentenary
Melinda Giles rounds up a recent event with a panel discussion on healthcare funding, and celebrating 200 years of the Law Society
VideosMember Talk: Cross Border Succession Planning
An English Lawyer and a Spanish Lawyer discuss effective succession planning when two different jurisdictions are involved.
VideosMember Talk: Cross-Border Rectification Claims
Understand how forced heirship laws or other rights in different jurisdictions can override the terms of the will.
VideosMember Talk: Practical Scenarios: What to Do
Explore practical scenarios and best practice of will signing and administration including common queries; proving the will and amendments to the will.
VideosMember Talk: Who’s Who and What’s What
Understand how to navigate uncertain descriptions of individuals and dates in wills; definitions of children and adopted children and gender issues.
FeaturePets win prizes
James McKean considers issues that may arise when wills and administrations involve animals
FeatureTrust pilot
Helen Forster sets out your responsibilities regarding the Trust Registration Service
FeatureDivergent evolution
Roxane Reiser and Rowan Cope examine legal costs, in light of Hirachand v Hirachand and Jassal v Shah
FeatureFrom paper to portal
Asha Beswetherick reviews the evolution of online deputyship applications, two years since launching
FeatureSplit decisions
Alberto Perez Cedillo examines the legal and financial considerations involved in navigating cross-border divorce and relocation
FeatureFinal wishes – by text
Roman Kubiak discusses Rahman v Hassan, in which deathbed gifts made by text message were held to be valid
FeaturePutting clients first
Sophie Cisler explains what the SRA’s thematic review on probate and estate administration means for your firm
FeatureACB, easy as 1-2-3?
Stephen Lawson and Ian Bond look at the practicalities and problems with ad colligenda bona grants, and how reform could solve these issues
FeatureOn the money
Sarah Charlton comments on what the SRA consultation on consumer protection may mean for solicitors handling client money
FeatureBlurring the boundaries
Henrietta Mason and George Budd consider whether Oliver v Oliver signals greater legal protection for vulnerable testators in relation to capacity
VideosMember Talk: will-related queries
Understand the common queries with will drafting and what top tips you should give to your clients when preparing their will. Our speakers share best practice on the drafting and preparation of wills for their clients.
FeatureOn the register?
Chris Claxton-Shirley provides a reminder of the main requirements of registering trusts, including the exceptions which apply to certain clients.
FeatureWebinar summary: restrictions on title
Fiona Heald provides a summary of what was covered in the recent Section member webinar, restriction on title: top tips for private client and property lawyers
VideosMember Talk: Unusual Clauses
Understand the difference between a mirror and a mutual will, how to protect beneficiaries without mutual wills and usual clauses.
FeatureWhat Hirachand means for conditional fee agreements
The Hirachand judgement ruled that success fees under ‘no win no fee’ arrangements cannot be recovered under the Inheritance Act 1975. This article explores implications.
VideosChecklists for Sale by Executor, Deputy and Attorney
The following checklists may help to guide your thinking and process in probate sales where you are required to act for executors, deputies and attorneys:
VideosMember Talk: The Case of Hirachand v Hirachand
The Hirachand Supreme Court judgment determined ‘success fees’ could not be part of an Inheritance Act claim. Our speakers explore the implications.
FeatureWill written on food box found valid
Rajinder Rai looks at the High Court decision regarding the estate of Malcolm Chenery, whose will was written on the back of two cardboard food boxes
VideosChecklists for restrictions
The following checklists may help to guide your thinking and process in dealing with restrictions:
FeatureBook smart
Simeon Hance, editor of PS magazine, along with the library team, share some of the benefits that the Law Society library can offer members
FeatureBudget crunch
Kugan Panchalingam looks at the key changes from last month’s budget affecting private practitioners
FeaturePoints of view
Explore, from private client and property perspectives, whether a grant of probate is necessary on first death if there if there is a will trust on a property title.
FeaturePassing remarks
Robert Whitaker and Ola McGhee guide personal representatives through some of the issues that can arise on the death of a business owner
FeatureCoP roundup
Sophie O’Connell provides an update of developments regarding the Court of Protection
FeatureBack to Basics: Severance of joint tenancy
Chris Claxton-Shirley looks at severance of joint tenancy
Sponsored bySetting the right example
Stephen Moses of Law Society partner Zenplans offers tips to help your clients understand their digital legacy settings
FeatureSeeing is believing
Constance McDonnell KC and Anneliese Mondschein consider how filming can be used to provide evidence in will planning and disputes
FeatureCrucial conversations
Ian Hunt highlights the practical, legal and emotional side of taking instructions and preparing documents for clients who are terminally ill or in receipt of palliative care
FeatureClause for thought
Alberto Perez Cedillo looks at jurisdiction clauses, contest clauses and conditional clauses in a multi-jurisdictional context
FeatureInstruction manual
Fiona du Feu looks at how to make sure you get the most out of client instructions
FeatureProperty, probate and insights for professional executors
Darren Leggett, co-founder of probate property experts PLG, shares why he believes that getting the right support can help the probate process run smoothly
FeatureMorris v Morris and the issue of assisted dying
Rajinder Rai looks into the recent judgment in Morris v Morris
VideosMember talk: estate planning and administration
Identify the key considerations and processes to meet the needs of clients when it comes to administering and distributing their assets after death.
VideosMember Talk: Getting the Grant of Probate and Reporting It to HMRC
Understand the key requirements to apply for the grant of probate. A range of practical scenarios will help delegates understand latest developments.
VideosMember Talk: Information Gathering
Understand the information needed to administer the estate; what’s needed if there isn’t a will and hear top tips on communicating with family and avoiding disputes.
VideosTrends and developments in Digital Assets
As cryptocurrencies and blockchain gather pace, understand the latest legal context of these new developments.
VideosThe importance of responsible stewardship in the lifecycle of legacy giving
An overview on the topic of Charitable Giving - Leaving a legacy, from the charity legacies perspective.
VideosMember Talks: Distribution of the Estate – Part 2: Practical Considerations
Understand the practical considerations for post-grant matters when dealing with estate distribution. Explore how the practitioner can help progress the matter.
VideosMember Talk: Distribution of the Estate – Part 1: Tax Considerations
Understand the tax considerations when dealing with the distribution of the estate. Speakers share top tips on IHT, capital gains and income tax.
Sponsored byHow potential inheritance tax changes call for greater care with will writing
With potential inheritance tax changes on the horizon, it’s never been more important to get will writing right. Doug Hargrove, of Law Society partner, the National Wills Register, explains
FeatureTax – the road ahead
Caroline Miller and Matthew Braithwaite outline what the new government means for private clients in terms of personal taxation and estate planning
FeatureRecruitment matters
Diana Bentley talks to private client firms and practitioners about recruitment in the sector and provides an update on the current market
FeatureProprietary promise
Winter v Winter is a significant proprietary estoppel case involving a farming family. The team at Foot Anstey look at the details
FeatureFamily care payments
Victoria Newey and Fiona Heald outline the Official Solicitor’s involvement in family care payment applications
FeatureInheritance matters
Alberto Perez Cedillo considers the human rights implications of the case of Jarre v France in a cross-border succession dispute
FeatureBack to school?
With changes to school fees on the horizon, Louise Jones and Rachel Spruce consider the options for sharing the costs and efficient tax planning
FeatureThe business of farming
Understanding farming business models is key to giving expert advice to agricultural clients. Philip Whitcomb provides an overview
Sponsored byRules of engagement
Law Society partner Zenplans explains how you can transform transactional engagements into lifelong advisory partnerships
FeatureClaims management
Stephen Lawson considers the steps will preparers can take to reduce the prospect of successful claims made against an estate
FeatureCare package
Ian Hunt offers practical tips on the adaptations and provisions you can make to provide excellent client care to your vulnerable clients
FeatureBeneficiaries abroad
Sarjul Patel considers the tax implications when a beneficiary of a UK trust is based in the United States
FeatureDigital capacity
Angharad Lynn outlines how to manage someone’s digital assets when they lose capacity
VideosMember talk: vulnerable and older client care
Identify and meet the needs of clients who may be at risk of acting against their own best interests and the legal issues surrounding vulnerability through to incapacity.
VideosMember Talk: P Managing Their Own Funds
Explore how to protect and account for the funds, when ‘P’ (a person who is 16 or over that lacks capacity) is managing their own funds.
OpinionIt’s good to talk
Sarah Robinson looks at the year so far, and the future plans for the Private Client Solicitors Section
FeatureBeing taken for granted
Ian Bond looks at the recent performance of the Probate Registry in receiving and issuing grants and assesses action by HM Courts & Tribunals Service to improve
FeatureStep change
Roman Kubiak discusses administrative provisions in wills, following the recent launch of the third edition of the STEP Provisions
FeatureA matter of trust
Following the recent government consultation on transparency of land ownership involving trusts, private client lawyers share their views on the implications of the changes for advising clients
FeatureProtect and serve
Cate Searle and Clare English examine considerations needed before selling a protected party’s property
FeatureWhen life imitates art
Is the increased media coverage of succession planning influencing what people do? Elizabeth Gibbison and Richard Smaller investigate
FeatureKeeping on top of AML
Amy Bell explains how private client lawyers can make sure they are compliant with anti-money laundering regulations
FeatureFall from favour
Stephen Lawson, with Andrew Bishop, shares the steps you should take if you are asked to renounce your position as an executor
VideosMember Talk: Attorney/Deputy Care Home Contracts
Understand what deputies/attorneys need to look for in care home contracts when their mentally incapable clients must go into a home.
VideosMember Talk: Care home top-up fees (first and third party)
Understand what is a top-up and how it works for a client’s care. Our speakers share useful scenarios depending on how care is financed.
FeatureDeveloping an intergenerational strategy
Stephen Moses of Law Society partner Zenplans outlines how to increase your client base with an intergenerational strategy
VideosMember Talk: What the Mental Capacity Assessor Needs From You
Develop your understanding of what the mental capacity assessor needs from the practitioner to ensure a successful assessment is carried out.
FeatureRea v Rea and undue influence claims
Rajinder Rai examines the judgment in Rea v Rea, and the implications for claims of undue influence
VideosMember talk: contentious probate
Catch up with significant contested probate cases from the past 12 months and uncover the dos and don’ts of contentious probate.
FeatureHow an investigator can support with contentious probate
Tony Imossi, of Law Society partner ABI, explains the benefit of using a professional investigator when dealing with a contentious will or trust
OpinionReflecting on taxing challenges
New chair and vice-chair of the Private Client Solicitors Section Committee (PCSSC), Elizabeth Gibbison and Sarah Robinson reflect on 2023 and offer some predictions for 2024
FeatureUnder the influence
Louise Dodds looks at undue influence and fraudulent calumny in respect of wills, and what you can do as a practitioner
FeatureTricks of the trade
Kim Tasso looks at a three-tier, full firm approach to marketing private client services
FeatureMastering LPAs and SIPPs
Explore how SIPPs and LPAs interact and issues to be mindful of if a donor and SIPP owner loses capacity.
FeatureBack to Basics: Heritage assets
Sarah Murphy examines the inheritance tax implications of historic estates and national treasures
FeatureReputation on the line
Natalie Wright, from Law Society partner Mazars, looks at the importance of due diligence and considerations of your reputation when referring to financial advisers
FeatureRetaining revocation
The pitfalls of abolishing section 18 of the Wills Act 1837 should not be underestimated, argues Byron Jones
FeaturePulling the strings
As careers progress, many lawyers are put in management roles without necessarily having the tools to succeed. Susan Glenholme offers an introductory guide for those managing staff
FeaturePutting clients first
Asset protection trusts have been in the news recently and not always for good reason. Tom Morrish comments
FeatureIn the fast lane
Victoria Newey looks at what needs to be considered when making urgent or expedited applications to the Court of Protection
FeatureKeeping it in the family
Family structures are evolving, and the law must evolve with them. Alberto Perez Cedillo explores the cross-border implications
VideosMember Talk: Executor Removal
How do you proceed if you need to remove or substitute the executor of a will? In particular, what to do if that executor is a solicitor?
VideosMember Talk: Disputes Over Validity of Wills
Join our Member Talk to help navigate the challenges of creating a valid will to avoid disputes.
VideosMember Talk: Inheritance Act Claims
Solicitors are seeing a recent increase in claims against an estate, often brought by adult children.
VideosMember Talk: Proprietary Estoppel
Join our Member Talk to help navigate the challenges of creating a valid will to avoid disputes.
FAQLibrary FAQ: where can I find precedents for age 18-25 or section 71D trusts?
The Law Society library explains where to find precedents and commentary for age 18-25 or section 71D trusts
FeatureValue for money
Fiona Heald reviews a new Law Society title on charges for care under the Care Act 2014
VideosUK and Ireland cross-border estate planning: exclusive online roundtable
Join our experts from England/Wales, Scotland, Northern Ireland and Republic of Ireland to hear about tax, trust and estate planning difference across the jurisdictions.
FeatureAutomatic revocation
The only way to prevent abuse from predatory marriage is to revoke section 18 of the Wills Act 1837, argue Andrew Bishop and Dr Juliet Brook
FeatureChain of command
Leigh Sagar explains what you need to consider when dealing with a client’s digital assets
FeatureSafety first
How does the Building Safety Act impact on wills and probate? Lisa de Silva and Sarah Crane investigate
FeatureBack to Basics: Online Court of Protection applications
Emma Tante explains how to use the Court of Protection’s online system
FeaturePractice makes perfect
Stephen Lawson considers the Law Society’s practice notes and their benefit for private client practitioners
FeatureBetween two poles
Alberto Perez Cedillo looks at what you need to consider when dealing with cross-border succession and estate planning
FeatureLasting legacies
Roman Kubiak and Emily Welch look at options to help save charitable legacies from failure
FeaturePower trip
Fiona Heald and Sophie O’Connell look at what will change when the Powers of Attorney Act 2023 comes into force
FeatureMeddle class
Donna Withers looks at the recent update to Jersey’s probate laws, and how this will affect Jersey’s concept of intermeddling
VideosA guide to Court of Protection applications and the role of the Official Solicitor
A back-to-basics session, providing you with practical guidance on applying to the Court of Protection and an insight into the role of the Official Solicitor.
VideosBack to basics on digital assets
A back-to-basics session providing you with guidance on what the best practices are for dealing with a client who has digital assets.
FeatureLanguage barriers
Léa Maynard looks at the three different kinds of French will, and the practical language considerations at play in each
OpinionPrivate function
In her final PS comment, Sarah Murphy reflects on her time as chair of the Private Client Section committee
FeatureEstate of affairs
Byron Jones reviews the recently updated Law Society practice note on insolvent estates and considers whether a bigger change was needed
FeatureProbate service update
Ian Bond assesses the verdict of the National Audit Office report on HM Courts & Tribunals Service initiatives
FeatureIn confidence
Bronwen Still provides an overview of the regulatory requirements around confidentiality, and outlines some of the more common, and difficult, situations facing firms
FeatureRules of succession
Charlotte Macdonald looks at the EU Succession Regulation, and specifically whether it is fit for purpose or whether national changes are infringing upon this international framework
FeatureEyes on Ireland
Tina Ennis explains how solicitors can advise their British clients who have assets in Ireland
FeatureBilling time
What happens when an executor allows for payment of bills which the beneficiaries will be responsible for? Lesley King looks at the law and case examples from this year
FeatureLattimer v Karamanoli
Andrew Bishop summarises a case he was involved in, which involved the rectification of a will, and how this relates to proposed changes to the Wills Act to stop marriage revoking a will
FeatureDigital decision
With more and more of our lives taking place in a digital space, could wills follow suit? Melinda Giles explores
FeatureIn good company?
Kayleigh Brown provides an update on the requirements under the Economic Crime Act to register overseas entities, and how it relates to registration of trusts
FeatureWhere there’s a will
Marianne Nankervis looks at the presumption against double portions, ademption and hotchpot
Sponsored byPet projects
What is legal project management, and why should you care? Catrin Macleod, solicitor and business analyst at Law Society strategic partner Quill, explains
FeatureOn relocation
Alberto Perez Cedillo explores what needs to be considered when relocating high-net-worth individuals
VideosMazars retirement and investment planning workshop
Explore planning issues you need to consider pre-retirement, at retirement
FeatureObituary: Keith Biggs
It is with great sadness that we report the sudden death of Keith Biggs on 4 April 2023. Keith will be well known to many readers and much missed. He was appointed district probate registrar at Winchester in 1984 where he remained until his retirement in 2004. It rapidly became ...
OpinionShifting landscapes
Sarah Murphy reflects on recent news, and how this demonstrates the ever-changing landscape of private client law
FeatureTrustee mistakes
Huzaifa Moosa reviews some potential pitfalls for trustees, how to avoid them and what steps can be taken to mitigate a mistake if one occurs
FeatureThe generation game
Roman Kubiak looks at how artificial intelligence is likely to change the face of the legal landscape
FeatureOut of harm’s way
Caroline Bielanska reviews the safeguarding responsibilities of solicitors, and how to navigate related client and legal duties when looking to prevent the risk of harm to any vulnerable person they might encounter
FeatureIs client care now critical?
When client communication goes wrong, complaints will follow. Given that connection, what has been the effect on client communication (and therefore on complaints) of the pandemic and the cost of living crisis? Fiona du Feu reflects
FeatureThe common good
Nicola Brant and Lisa de Silva look at common conflicts of interest that can arise for will and estate planning practitioners, and what you need to consider
FeatureModern families
Alberto Perez Cedillo examines what you need to consider when advising modern families across different jurisdictions
FeatureTime change
Changes to the Legal Ombudsman Scheme Rules came into effect on 1 April 2023. Paul Wightman outlines what to expect
FeatureClose encounters
Bethan Byrne and Sheena Cassidy Hope look at how you can support vulnerable clients in getting married
FeatureInvesting in the role
Law Society partner SIFA Professional review the practical aspects of deciding on an investment strategy as a trustee and the role that specialist financial advisers can play in ensuring these decisions are both legal and effective
FeatureIncreasing inclusion
In this case study, Clifford Chance outlines how they adopted and applied a global inclusion strategy in the UK
FeatureClear resolution
The Private Client Solicitors Section committee has great plans for the year ahead
FeatureDigital developments
Stuart Adams rounds up the latest news and developments from the fast-changing world of digital assets
FeatureThe impact of Re ACC
Holly Chantler looks at the impact of Re ACC and provides examples of what it means in practical situations
FeatureCross purposes
Alvaro Aznar Azcarate and Léa Maynard explain what you need to consider when dealing with cross-border estates
FeatureBack to Basics: Trusts buying properties
Katy Withers and Erin Abul examine the growing trend of trusts acquiring property, and the advantages and disadvantages that this brings
FeatureSupport workers
The ageing UK population is increasingly likely to be vulnerable. David Mulholland discusses why legal and financial advisers should work together to offer accessible services
FeatureFamily matters
Professor Lesley King looks at recent cases involving the Inheritance (Provision for Family and Dependants) Act 1975 and identifies common threads for non-contentious practitioners
FeatureAll things equity
Abigail Banks examines the pros and cons of lifetime mortgages as a method of equity release
FeatureNo picnic in the park
Ryan Taylor looks at Hudson v Hathway and the question of whether detrimental reliance is necessary in a claim asserting a common intention constructive trust
FeatureMisconduct matters
As the SRA takes an increasingly tough line on sexual misconduct in the profession, Andrew Katzen sets out what law firms should know about the regulator’s investigatory process
NewsMinistry of Justice decides not to proceed with small payments scheme
Following a consultation, the MoJ will not change the Mental Capacity Act in contrast with our response.
VideosActing in transactions where the owner lacks mental capacity
Watch this webinar to learn about the basic principles of beneficial ownership and what is best practice in these transactions.
FeatureIn the red: debts, insolvency and duties of personal representatives
As the cost-of-living crisis and talks of another recession increasingly hit the headlines, Roman Kubiak, partner and head of the Contested Wills, Trusts and Estates team at Hugh James, and Emily Peacock, trainee solicitor, discuss the thorny topic of debts, insolvency and the duties of personal representatives.
- Feature
Registering lasting powers of attorney: An OPG update
The Office of the Public Guardian (OPG) know the delays are frustrating for customers and it is committed to reducing the time it is currently taking to register lasting powers of attorney (LPA).
VideosPreparing for recession – are your clients ready?
Find out how to support clients preparing for financial uncertainty during recessions.
FAQLibrary FAQ: where can I find precedents for flexible life interest trusts?
The Law Society library gives details of sources of precedents for flexible life interest trusts.
OpinionHard times
Sarah Murphy, chair of the Private Client Section, reflects on what has been a difficult period for the country
FeatureIn a bind
Daphne Franks has campaigned to change the law since she lost her mother, who had dementia, to a predatory marriage. At one point, she struggled to get people to listen. Now, her campaigning will likely shape the legal future of wills and weddings in England and Wales. She spoke to ...
FeatureSuspicious minds
Significant changes to a testator’s previous wishes, or wills created without professional advice, can lead to doubt over the validity of a will. Stephanie Kerr examines two recent cases with suspicious wills
FeatureBack to Basics: Fluctuating capacity
Tim Bennett explains what you need to know about fluctuating capacity, and offers a range of different practical scenarios where capacity is flucuating
FeatureCrossing borders
Alberto Perez Cedillo looks at how the EU succession regulation can work with third-party states, such as the UK
FeatureA fact of life
Craig Matthews, LEAP, looks at how the technological revolution can help private client lawyers improve their service
FeatureActing the part
Roman Kubiak and Meg Edwards investigate the often contentious issue of trustee remuneration, with reference to the latest case law
FeatureClause for thought
Charles Fraser looks at how to appoint guardians, and considerations that should be taken
FeaturePlaying it safe?
Richard Dew and Sheree Green examine the Law Society’s response to the government’s consultation on changes to the Mental Capacity Act Code of Practice and discusses fears about weakened safeguards for those who do not have capacity to make decisions
FeatureTrusting in change
Philip Warford and Scott Clayton look at the latest changes to trusts for disabled people
FeatureBrought into relief
Paul Saunders examines the circumstances in which capital gains tax main residence relief can be claimed in an estate, with HMRC responses to a range of typical scenarios
FeatureA will to deceive
Lesley King looks at the recent case of Re estate of McDonald [2022] EWHC 2405 (Ch), which involved removing an executor
FeatureUsing technology to optimise communication in private client law practice
In a fast-evolving world, where advances in technology, world events and developing societal perceptions are all contributing to change, thriving private client law practitioners are realising the importance of using technology to update and optimise client communication methods, explains Craig Matthews of LEAP Legal Software
FeatureWorkshop: Older and vulnerable client update
Holly Mievelle-Hawkins and Heledd Wyn round-up their workshop on older and vulnerable clients
FeatureWorkshop: Probate lending – a new and growing market
Robert Husband from Tower Street Finance rounds up his workshop on probate lending
FeatureWorkshop: When contentious probate meets private client
Stephen Lawsom recaps his workshop on contentious probate
FeatureLegal diagnosis
Gary Rycroft summarises his conference plenary, a discussion with consultant geriatrician Dr Lucy Pollock on the Mental Capacity Act, their differing views on lasting powers of attorney, and advanced care planning
FeatureRead all about it
Lesley King gave conference attendees a round-up of recent developments in the private client sector including the Trust Register, naming beneficiaries in wills and key cases relating to trusts
FeatureDelivery service
Dan Gilbert recaps a plenary led by Stephen Burgess from HMCTS, who provided an overview of the current state of the delivery of the probate service
FeatureA taxing year
Dan Gilbert recaps a plenary delivered by Michael Sherry of Temple Tax Chambers, who covered the most important capital tax updates over the last 12 months and provided expert analysis of some interesting cases
FeatureNo provisions offered for estranged widow despite will and long marriage
Roman Kubiak, partner and head of contested wills, trusts and estates at Hugh James, and Meg Edwards, trainee solicitor, discuss the recent decision in Ramus v Holt & Ors, where the High Court dismissed a wife’s claim for financial provision from her husband’s estate despite their long marriage.
FAQPAS FAQ: are we obliged to distribute money if we don’t believe it’s in the beneficiary’s best interest?
Our Practice Advice Service answers a question on what to do when you feel distributing money in accordance with a will is not in the best interest of your client.
- News
Law Commission restarts wills reform project
Paused in 2019, the Law Commission have restarted a project to review proposed reforms to laws around making a will
FeatureBook review – Inheritance Act Claims: A Practical Guide, 3rd edition
Michael Culver, managing director at Culver Law, reviews a new release from the Law Society
FeatureTaking charge
Fiona Heald and Sophie O’Connell give an overview of what you need to know if you come across enduring powers of attorney
FeatureBalance of power
Following the Office of the Public Guardian consultation on reforming lasting powers of attorney, Lucy Bluck looks at what the proposed changes are, and the effect they will have
FeatureReady to register?
The introduction of a new requirement to register non-UK entities holding interests in UK land is imminent and wide reaching. Laura Harper explains how its impact might be felt by clients, and where to prepare ahead of time
FeatureA protecting species
Prenuptial and postnuptial agreements are more popular than ever before, and are an important part of estate planning. Joanne Radcliff explains the assurances they can provide that a trust cannot
FeatureBack to Basics: Power reserved executors
Helen Stewart explains what you need to know about power reserved executors
FeatureMarket forces
Victoria Moffatt shares her advice on how you can promote your services and increase your reach as a private client practitioner
FeaturePhysical education
By their nature, digital assets don’t always have a physical location. Russell Kaminski looks at how that can affect how they are taxed
FeatureAnswer me this…
Following a recent popular Section webinar on the Trust Registration Service, Adrian Moss and James Amico answer member questions about the new requirements
FeatureFamily jewels
Family investment companies are a widely used planning tool in the search for wealth and asset preservation. While their popularity has grown, they still have some way to go before challenging the history of trusts. Ryan Harrison considers the merits of each structure from a tax perspective with a view ...
FeatureDisputed territory
Stephen Lawson, Richard Dew and Henrietta Mason explain the recent changes to the Law Society’s disputed wills practice note
FeatureClause and effects
Alastair Liddiard explains how best to draft chattels clauses in your clients’ wills to avoid any disputes post-death
FeatureEmerging sector
Alberto Perez Cedillo speaks to Mercy Edukugho-Aminah, a lawyer in Nigeria, about the differences and additional challenges to practising law there
FAQLibrary FAQ: where can I find precedents and commentary on digital assets?
As we continue to post on social media, bank online and store information in clouds, our digital footprint can hold our a lot of sensitive, personal information. Dealing with digital assets after death is a major concern for private client solicitors and their clients.
FeatureManual updates: HMRC Trust Registration Service Manual
Lesley King comments on HMRCs latest updates to the Trust Registration Manual and highlights the areas particularly relevant for private client practitioners and where the new updates fall short.
FeatureTrusted professionals: Re Townsend [2022] EWCA Civ 880
Roman Kubiak analyses a recent case where a trustee charged a monthly fee for her services over a 12-year period, leading the Court of Appeal to confirm that non-trust professionals can only be remunerated for trust administration work undertaken within the course of their specific profession
FeatureMaking legal information accessible – why and how? (OnDemand)
Watch this webinar to learn how to provide accessible information, to break down barriers faced by disabled people.
VideosTalking tax, pensions and divorce
Watch this Private Client Section inclusive webinar to learn how lawyers, financial and tax specialists can collaborate to achieve the best outcome for clients during a divorce
VideosWebinar: Reporting beneficial owners – how to comply with the Overseas Entity Beneficial Ownership Register (OEBO) and Trust Registration Service (TRS)
Watch our webinar to learn how to be compliant with the Economic Crime (Transparency and Enforcement) Act 2022.
FeaturePrivate client round-up: CFO interest rates, HMCTS letter and lost wills
Lesley King considers the recent hot topic issues in the private sphere including the interest rates increase for the Courts Fund Office, submission of a IHT400 and a recent case on lost wills.
Feature“Gesture” for a good will
Roman Kubiak and Emily Peacock discuss a recent case in which the High Court admitted a copy of a deceased’s will found on their computer to probate.
FAQPAS FAQ: can we act as a certificate provider?
Our Practice Advice Service answers a common question about acting as a certificate provider and drafting LPAs.
FeatureA good investment
Sheree Green looks at recent changes on guidance for management of investments via a discretionary investment provider, and what they mean for attorneys
FeatureWeight of the world
Using practical case studies from France, Spain and Italy, Álvaro Aznar Azcárate, Sally Dilks and Jessica Zama examine the complexities of tax in relation to international estates
FeatureGood housekeeping
Victoria Crick looks at what should be on a deputy’s checklist of a client’s property and the most important things to keep an eye on
FeatureIn stark relief
In a volatile property market buffeted by the effects of coronavirus (COVID-19) and the stamp duty land tax ‘holiday’, John D Bunker and Elizabeth Pearson examine the implications for post-death gains
FeatureBack to Basics: NHS continuing healthcare eligibility
Cate Searle looks at what you need to know about eligibility for NHS continuing healthcare
FeatureNo-fault lines
Joe Ferguson reviews the impact of the Divorce, Dissolution and Separation Act 2020 that came into effect on 6 April 2022
FeatureCalling the shots
Fiona du Feu and Kate Maybury, both keen shots and gun licence-holders, discuss practical issues relating to shotgun ownership when taking instructions for wills and dealing with executors
FeatureOld money, new rules
Samantha Roberts assesses changes to the inheritance tax rules and how these impact on the reporting requirements and low value and exempt-excepted estates
FeatureGoing soft
Samantha Lowe discusses the use of soft skills while factoring in the commercial reality of litigation when dealing with grieving clients who face an inheritance dispute
Sponsored byTurbulent times
A financial planner and an investment analyst at Tilney Smith & Williamson, soon to be Evelyn Partners, give their perspectives on post-COVID-19 investment strategies for high-net-worth clients
FeatureTwo to tango
Alberto Perez Cedillo speaks to Javier Canosa, partner at Argentine firm Canosa Abogadas, about the country’s private client legal practices
FeatureThe importance of distinguishing funds
Lesley King discusses the recent case of Batt v Boswell: where confusion over trust and personal money led to a family dispute between two siblings following the death of their parents.
FeatureSevering a joint tenancy without notice
Roman Kubiak discusses the recent decision of Dunbabin v. Dunbabin [2022] EWHC 241(Ch), in which the court found that a joint tenancy had been severed despite the absence of a notice.
FAQLibrary FAQ: Cohabitants - order for the sale of property
The Law Society Library explains where to find precedents and commentary for Cohabitants - order for sale of property
VideosUnpicking the Inheritance Tax Regulations
In January 2022, amendments were made to the Inheritance Tax (Delivery of Accounts) (Excepted Estates)(Amendment) Regulations.
NewsInvestment by attorneys in discretionary management schemes clarified by OPG
The Office of the Public Guardian (OPG) has agreed to change its guidance on express provision for the management of investments via a discretionary investment provider within a financial lasting power of attorney (LPA).
FeatureObituary: Chris Whitehouse
We were all saddened to hear of the death late last year of Chris Whitehouse, esteemed barrister and a regular speaker at Private Client Section events. Here, Lesley King and Melinda Giles pay tribute
FeatureTaking stock digitally
Stuart Adams reviews a new Law Society title for private client solicitors concerning digital assets
FeatureFriendly reminder
Molly Hunter and Melissa Lesson examine the role of litigation friends in cases where a client has capacity issues, including fluctuating capacity
FeatureDecrypting crypto
Kate Burt summarises what has changed regarding cryptoassets, and what you need to know
FeatureVersus predator
The risk of vulnerable parties entering into a predatory marriage is gaining increasing attention, both in the press and in the legal profession. Bethan Byrne and Sheena Cassidy Hope explore how new protections can be achieved through changes in the law
FeatureBack to Basics: Health and welfare LPAs vs advance decisions
Paula Shea looks at advance care planning, the various options and how to prepare clients for life-threatening or life-sustaining situations.
FeatureAt capacity
Holly Miéville-Hawkins and Holly Chantler review some key welfare cases from 2021, and the implications they have for financial deputies and attorneys
FeaturePassage to India
Alberto Perez Cedillo speaks to Rishabh Shroff, co-head of private client practice at Indian law firm Cyril Amarchand Mangaldas, about the country’s inheritance and succession laws
FeatureSpecial blend
Choosing your attorney when making a lasting power of attorney requires much thought in any event, but things can get even more complicated when blended families are involved, as Fiona Heald and Sophie O’Connell explain
FeatureAccelerated payment of CGT on residential property
Lesley King summarises HMRC’s updated guidance on using a UK Property Account for payment of Capital Gains Tax, and what this means for trustees and personal representatives.
FeaturePredatory marriages and protecting the vulnerable
Roman Kubiak looks at the recent Court of Protection decision in Re BU [2021] EWCOP54, an application brought by BU’s family in an effort to protect a vulnerable person from contacting a man who they feared would force her to marry him.
FAQPAS FAQ: insolvent estates and specific legacies
Our Practice Advice Service explains what constitutes an insolvent estate.
FeatureCryptoassets – worth the tax risk?
Although there is an increasing awareness of cryptocurrencies, many remain unaware of how these assets are taxed. Stuart Adams and Paul Noble explain the steps HMRC have taken to tax cryptoassets and the challenges this presents investors.
NewsProbate fee rise must reflect changes to the service
The Ministry of Justice has announced a fee increase for all users.
NewsRemote witnessing of wills extended by two years
The government has extended the legislation to January 2024.