DEATHBED WILLS: TIPS AND TRAPS
- Deathbed or terminally ill? - IHT planning?
- Should you do deathbed wills at all? - Policy considerations
- How much should you charge?
- What are the risks?
- To what extent can they be reduced?
- The kit
WILL DRAFTING: TIPS AND TRAPS
- What to do when it all goes wrong. - Larke v Nugus requests - Well, I wouldn’t start from here
- Wills Act 1837, s33
- Ademption and gifts by deputies and attorneys
- Burden of IHT and lifetime gifts
- Nil Rate Band Legacies (still dangerous)
- Partly exempt transfers: More of a problem in light of proposed BPR/APR changes?
OLDER CLIENT UPDATE
- Court of Protection deputyship practice
- Capacity case law
- Lasting Powers of Attorney case law
- Social Care case law
LASTING POWERS OF ATTORNEY: CURRENT ISSUES
- What we know about the digital process to create an LPA
- Multiple LPAs and revocation of power or an appointment of one attorney
- The professional skills and expertise to be a skills certificate provider
- What to do if the registered power does not include a charging clause
- What to do if the registered power does not include a power to invest in discretionary management fund
- Can an attorney sever a joint tenancy in the donor’s property?
- OPG or police request confidential information - can you disclose?
POST BUDGET PRIVATE CLIENT TAX AND TRUST UPDATE
- The cap on business and agricultural 100% relief, from April 2026
- Some further thoughts on opportunities for lifetime succession planning and tying this in with commercial and family lawyers.
- The planned inclusion of pensions in the IHT net from 2027
- Some tax planning to prepare for the huge changes
- Life assurance written in trust to mitigate the extra IHT liabilities
- Some tricks on maximising the value of life assurance in planning
- Income and Capital gains are squeezed for another 3 years to April 2028
- This may be extended to 2030, so how can we help clients?
- Trust Register (TRS)
- A response is due this summer to the 2024 Consultation on MLR and the possible new exclusions from TRS for express trusts. We anticipate some more news before October and will update on what’s happening and how it can help in practice
CASE STUDY ON INHERITANCE TAX PLANNING IN ESTATES AND TRUSTS
- Wills and will trusts, including variations within 2 years of death
- Maximising BPR & APR within a family
- Cross-option agreements to keep business interests in the hands of existing owners, within a family and outside, and how these link in with wills
- Issues within an estate administration, to minimise IHT, including a claim for RNRB and loss relief

