The Liver Building

2019 Private Client Conference in conjunction with STEP Liverpool

Details

Speaker: Various

Date: Tuesday 14th May, 2019

Time: 09:30 - 16:15

Areas of Law: Wills, Trust, Tax & Probate

Venue:
Liverpool Law Society,
2nd Floor Helix,
Edmund Street,
Liverpool,
L3 9NY

Course Code: S4149

Description

This conference will cover a wide range of topics for those involved in Private Client work and will look at future developments in the law such as digital assets. Hear from a wide range of expert speakers and peers on topics critical to private client practitioners.

This event is aimed at private client practitioners, heads of private client departments, managing partners, and those with an interest in private client work.

For those who are not a member of Liverpool Law Society but are a member of STEP please include your STEP membership number when booking, in order to receive the member rate.

Registration

Welcome & introduction ~ Susan Sherry

Capital Tax Update ~ Chris Whitehouse

  • Possible changes to IHT arising from the OTS reports
  • Recent cases such as Hood
  • Planning opportunities

10 year periodic charges –pitfalls/how to avoid/planning ~ Mark Feeny

  • 10 yearly charges
  • Residence Nil Rate Band
  • Charitable gifting in the context of the 10%reduction in IHT 
  • Examples

Refreshments

Post Death Rearrangements ~ Chris Whitehouse

  • Deeds of variation
  • s144 discretionary trusts
  • 1975 Act claims

 

Lunch

Capacity issues for Private Client Practitioners ~ Professor Lesley King

This session will consider capacity issues in relation to wills and lifetime gifts together with the linked questions of knowledge and approval and undue influence. In particular it will look at:

  • What are the appropriate tests of capacity?
    • Statutory or case law?
    • Does the threshold vary according to the nature of the complexity?
    • Does the client have to appreciate the consequences of their action?
  • What about the ‘Golden Rule’?
    • Does it still exist?
  • What should you do if you are doubtful as to capacity?
  • What is the difference between capacity and knowledge and approval?
  • What is undue influence?
    • Where is the borderline between persuasion and coercion?
    • Is there a presumption of undue influence?

Business Property Relief for IHT ~ Michael Sherry

The basics: A business or interest therein or shares in a company/group

Being not wholly or mainly investment or share or land dealing

  • What is a business?
  • What is wholly or mainly not investment – the cases considered
  • What is an excluded asset and what is an investment asset of the business?
  • How replacement relief works
  • How reorganisations etc work
  • Why every client should have a company
  • Groups/holding companies/excluded subsidiaries

Refreshments

Pension Death benefits & POA – practicalities ~ Mike Hunter

  • The types of schemes and the different ways the benefits can be provided
    • Start with what the pension legislation will allow then move onto what the scheme rules might allow
    • Considering DB, DC, GPP, old schemes that are part of the estate unless written into trust and give examples?
    • The importance of checking with each scheme individually as to what may or may not be allowed (and the fact that the trustees do change the rules to bring them more in line with the legislation i.e for us this is something that we have to recheck periodically)

 

  • Spousal bypass trust are they still relevant?
    • Particularly given the access to benefits for a minor
    • the tax treatment and tax credit provided if the deceased was over the age of 75

 

  • Designated pensions and the importance of taking action within two years
  • POA does it allow for continued Discretionary Investment Management

Will Drafting For Digital Assets ~ Leigh Sagar

  • Interviewing the client
  • Identifying digital property rights and interests
  • Preparing the Inventory
  • Preparing the Will

Speaker Biographies

Mark Feeny is a Partner at Brabners. He is the head of the Private Client department and takes a lead role for a number of PLC and Landed Estate families in the North West of England, as well tax and succession planning for many family owned businesses.

Mike Hunter is a senior financial planner, joining Rathbones in 2017 from Lloyds Bank Private Clients. Mike has over 30 years’ experience of working in the financial services industry. He is a Chartered Financial Planner and a Fellow of the Personal Finance Society who specialises in providing holistic financial planning to high net worth individuals.

Professor Lesley King is a Professional Development Consultant at the University of Law. She is Co-Author of Wills, Taxation and Administration: A Practical Guide; A Modern Approach to Wills, Administration and Estate Planning (with Precedents); A Practitioner’s Guide to Wills; Wills: A Practical Guide and Editor of The Probate Practitioner’s Handbook. Professor King is the wills and probate Columnist for the Law Society Gazette and writes extensively on wills, taxation and related matters.

Leigh Sagar is a barrister of England and Wales whose practice includes: trusts and estates, commercial advice & litigation, the administration of digital information, created and used by deceased persons and persons who lack capacity in relation to their property and affairs and related litigation and the administration and taxation of bitcoin and other cryptocurrencies and tokens and related litigation. He is a member of STEP, the Association of Contentious Trust and Probate Specialists (ACTAPS) and the Society for Computers and Law (SCL). Leigh is the Chairman of the STEP Digital Assets Global Special Interest Group. Also an editor of chapters in Williams Mortimer & Sunnucks and he is contributor to the England and Wales section of the STEP Directory and Yearbook. He has written a book called The Digital Estate, published by Sweet & Maxwell .

Michael Sherry practices in all areas of tax law including Private Client interests, family constitutions, family investment companies, using substantial shareholder exemption to protect proceeds of disposal of family business using structures (including group structures) to secure BPR despite substantial investment portfolios and property. “Michael is a barrister known for his commercial approach to direct tax problems. He is very commercially minded. Inventive and a good technician. Good at coming up with solutions to problems – we go to him when we hit a brick wall’ Chambers & Partners. He appears in all courts, most recently in the Supreme Court in December in the Hancock appeal.

Susan Sherry is a Legal Director at Hill Dickinson. She joined the private client team in August 2016 after working for 10 years at DWF as Liverpool office location head. She has particular expertise in creating wealth management strategies in order to efficiently manage clients’ assets.

Christopher Whitehouse advises on trusts, wills and taxation matters.  He is the co-author of Trust Taxation (2nd edition), one of the editors of Dymonds Capital Taxes and a principal contributor to the Trusts, Wills and Gifts volumes of the Encyclopaedia of Forms and Precedents.

Prices

Member £205
Non-member £260
Corporate Member Training Offer 2 Credits
Training Season Ticket Free
Note: 20% VAT added at checkout