March 2014

PS March 2014 Cover

Features

Simon Leney

Times are changing

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Private Client Section chair Simon Leney looks at the changes in the air this Spring on a number of fronts: for clients, for solicitors, and for the Private Client Section itself

No more secrets

No more secrets

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Patricia Wass looks at the impact of new guidance aimed at increasing transparency in the Court of Protection

Fenella Morris QC

Giving pause

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Simon Edwards and Fenella Morris examine some recent cases around gifts made from the estate of a person without mental capacity, and consider the thorny question of gifts where ‘P’ has and had no comprehension of giving

Stuck in the middle

Stuck in the middle

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Christine Green and Fiona Lawrence provide a first-hand account of how challenging the role of independent administrator can be, describing a recent case in which Christine was the court-appointed administrator led to make an application for directions due to one beneficiary’s conduct

Daniel Sheridan

Securing the future

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For clients who have disabled children, one of their main priorities will be supporting their children financially after their death. Daniel Sheridan outlines the options, including wills and trusts, and their implications for tax and benefits

Nichola Phillipson

Time is of the essence

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In the recent case of Berger v Berger, the Court of Appeal examined afresh the issue of family provision claims brought out of time, in a judgment that also contains lessons for those advising elderly clients with life interests under a will. Nichola Phillipson reports

Nicola Sims

Working together

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Nichola Sims explains the extensive information that charities need from solicitors when a legacy is bequested to them, and provides a template letter drawn up by the Institute of Legacy Managememt to show solicitors what to expect from a charity’s first contact

Rohan Armes

Wealth of advice

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Rohan Armes explores the role of an investment manager in giving life to a financial settlement after a divorce, and explains the factors that must be considered when investing a lump sum settlement

Philip Munro

King Kong

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The reform of the Hong Kong trustee ordinance, which came into force in December 2013, is likely to make Hong Kong more attractive as a jurisdiction of choice for trusts, especially for high-value estates. Philip Munro and Karen Lai explain

Julie Butler

Trading places

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A number of recent cases point to a worrying new trend by HM Revenue & Customs, whereby it assesses farms as investment rather than trading businesses – which do not therefore qualify for business property relief. Julie Butler explains what action farmers need to take

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