Intended to be the first point of reference for busy practitioners, this new handbook covers all relevant aspects of trust and probate litigation. Endorsed by ACTAPS Uniquely combines trusts and estates Includes taxation information
A Practitioner's Guide to Trusts is a step-by-step guide to all the practical aspects of trust law. Written by an expert and highly respected author, this handbook provides practical information that is as useful to accountants and trust practitioners as it is to lawyers.Written by an expert and highly respected author, this handbook provides practical information that is as useful to accountants and trust practitioners as it is to lawyers. It has been fully updated and revised to take into account the latest Finance Act.KEY FEATURES:Includes changes to IHT treatment of trusts subject to the relevant property regime (simplification of the calculation of IHT charges on trusts at ten-yearly intervals or when assets are transferred out of the trust);Expanded analysis on income tax and CGT treatment of trusts;The book has been designed to make key information easy to find and assimilate and includes signposts to provide useful summaries and focus points to highlight important issues;Case law includes the IHT Pawson holiday let case (28 Jan 2013).Includes coverage of the following areas:Breach of trust;Capital Gains Trust and second residences;Income tax and settlor interested trusts;Ownership of house (Jones v Kernott);Ownership of monies in joint bank account;Proprietary estoppel;Removal of trustees;Severance of joint tenancy.Previous edition ISBN: 9781847667687
The number of disputes involving trusts has risen significantly in recent years. Many disputes take place in the international environment and cross-border jurisdictional issues may arise. These disputes often involve large sums of money, impacting significantly on family relations. The handling of such disputes requires specialist skills and knowledge, including an understanding of how and why private trusts are established and administered and the problems that can arise; an awareness of the cross-jurisdictional issues that may be relevant; and the ability to identify practical legal solutions to the dispute that are compliant with trust principles. International Trust Disputes provides a comprehensive and thorough treatment of this topic. Acting as a specialist guide for practitioners, it offers a survey of the special considerations that may arise with regard to trust disputes as well as a definitive guide to the issues which may be encountered in the jurisdictions where disputes are most likely to take place.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Navigate the extensive jurisdiction and powers of the Court of Protection. The Court of Protection affects an ever increasing number of people, among whom are some of the most vulnerable members of society. They need the best support and protection that the law and legal profession can provide. A Practitioner's Guide to the Court of Protection is written by practitioners whose individual and combined experience provide an invaluable guide to the law and practical application. The new Fourth Edition covers both the property and affairs and the welfare parts of the Court's jurisdiction, with new and expanded chapters covering: - The Court of Protection Rules 2017 - Case management pathways - Welfare and Deprivation of Liberty - Private international law - The practical application of the Mental Capacity Act 2005 - Lasting and Enduring Powers of Attorney - Case law, practice and procedure of the Court of Protection - Latest guidance and practice notes from the Office of the Public Guardian It is essential reading for anyone involved in Court of Protection practice including private client practitioners, mental health practitioners, family law practitioners, deputies, local authorities, accountants, Independent Mental Capacity Advocates, Welfare Accredited Legal Representatives, and advocates.