Private Client

Estate Planning

October 27th 2022

Virtual Seminar

Estate Planning And The Family Home

October 27th 2022

2 - 5pm

Speakers: Alan Eccles

Virtual Seminar

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3hrs CPD

The family home is often the crown jewel asset. An asset that has been hard-earned and deserves careful treatment in succession and estate planning. It also an asset that has more than just a financial value and the emotional ties to a home must be recognised when protecting it and passing it down generations. Tax on houses must also be considered.

This seminar will look at estate planning issues associated with homes including:

  • Asset protection
  • Do "home protection trusts" work?
  • Should parents gift the family home?
  • Wills and protecting the family home
  • Effective care home planning
  • Survivorship destinations- riddles, enigmas, sudoku
  • Capital Gains Tax- the forgotten family home tax
  • Houses and executry risks
  • Sales during executries
  • Beneficiary buying out another beneficiary
  • Associated executry LBTT points
  • Inheritance Tax and the family home
  • The Residence Nil Rate Band
  • Holding houses following a death
  • Liferents (proper and improper) and the family home
  • Ademption and accidental disinheritance
  • Incapacity law and the house
  • Legal rights reform and the house
  • Shared ownership and IHT
  • Alan's work covers three main areas: charities, private client and parliamentary matters.

    Alan's private client work covers estate planning including wills, executries, trusts and inheritance tax. He is the author of the Scotland chapter in the textbook International Succession. As part of his private client advice Alan often advises on incapacity law (powers of attorney, court appointed guardianship and other methods of managing the affairs of those less able to do so). This has involved acting in some of the leading Sottish cases on incapacity law and estate and succession planning. A regular commentator on incapacity law matters, Alan's written work has been referred to in judicial decision making. Of Alan's private client work, the Legal 500 notes that he "conveys complicated legal concepts with clarity and humour".

    He was previously a member of the legal staff at the Scottish Law Commission and currently lectures at the University of Strathclyde in property, trusts and charities. Alan has also tutored private client law at the University of Glasgow.

    Alan was a member of the Council of the Law Society of Scotland from 2007 to 2009 and the Society's Education and Training Committee from 2007 to 2012. He is currently a member of the Society's Charity Law and Mental Health and Disability Law Committees.