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Content Hub: Articles
Written features, commentaries, case reports and updates from the industry’s leading practitioners
All Articles
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 that outline how a family lives and works together are becoming more popular. Russ Haworth explains the importance not only of a family constitution, but also the process of its 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
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
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
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
FeatureWhat Hirachand means for conditional fee agreements
The judgement in Hirachand v Hirachand & Another [2024] UKSC 43 has led the court to make a ruling that success fees under ’no win, no fee’ agreements (also known as conditional fee agreements (CFA)) are not recoverable by persons bringing Inheritance (Provision for Family and Dependants) Act 1975 (1975 ...
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
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
Philip Askew and Tessa Bonser consider, from both a private client practitioner and property practitioner perspective, whether it’s necessary to obtain a grant of probate on a first death if there is a will trust on the title of a property
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
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
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
FeatureDeveloping an intergenerational strategy
Stephen Moses of Law Society partner Zenplans outlines how to increase your client base with an intergenerational strategy
FeatureRea v Rea and undue influence claims
Rajinder Rai examines the judgment in Rea v Rea, and the implications for claims of undue influence
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
Alistair Ellen, director of FP Wealth Management, shares how attorneys and self-invested personal plans (SIPPs) interact and what 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
FeatureValue for money
Fiona Heald reviews a new Law Society title on charges for care under the Care Act 2014
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
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
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.
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).
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