Lynne Counsell

This Precedent is a letter by which one party to a contract gives notice to the other of a frustrating event which brings the contract to an end. It is suitable for use in connection with business to business contracts where there is no force majeure clause.

This Precedent is a letter by which one party to a contract gives notice to the other of a force majeure event for which it claims relief under the contract. It is suitable for use in connection with business to business contracts only.

This Precedent is a draft letter of claim, as required by the Practice Direction Pre-Action Conduct and Protocols, para 6, for use by a claimant in prospective proceedings for a claim for money had and received. A claim for money had and received is one of the categories of case where the law does not permit one party to be unjustly enriched by keeping a benefit obtained from another.

This Precedent is a draft letter of claim, as required by the Practice Direction Pre-Action Conduct and Protocols, para 6, for use by a claimant in prospective proceedings for damages under the Misrepresentation Act 1967 for a continuing representation becoming false by alteration of circumstances. Damages are available where the misrepresentation has caused the innocent party loss.

This Precedent is a draft letter of claim, as required by the Practice Direction Pre-Action Conduct and Protocols, para 6, for use by a claimant in prospective proceedings for damages for negligent misstatement by a bank.

This Precedent is a draft letter of claim, as required by the Practice Direction Pre-Action Conduct and Protocols, para 6, for use by a claimant in prospective proceedings for damages for fraudulent misrepresentation. If fraudulent misrepresentation is established, the innocent party is entitled to rescind the contract and claim damages.

This Q&A considers the treatment of gifts made from joint back accounts.

This Q&A considers the situation where trustees of a charitable trust seek to make a disposition of a leasehold interest but have no proof of their appointment. The charity wishes to assign the leasehold title to a property but, out of five charity trustees named as registered proprietors of the property, three have died and one has retired. New trustees are running the charity but no record can be found of their formal appointment. This Q&A considers what needs to be done in order to transfer the legal estate of the property.

This Q&A considers the remedies available where a property is registered as joint tenants yet the property was purchased with the intention to own as tenants in common.

This Q&A considers whether a codicil will be valid where it does not refer to the date of the Will.

This Q&A deals with the situation where one of the executors of an estate distributed all the assets of the estate to themselves instead of the trustees of a discretionary trust as provided by the deceased’s Will and considers how this can now be rectified.

This Q&A considers whether a life interest, created by Will, in a property which is sold within two years of the deceased's death should be terminated or whether the original Will should be varied, where the life tenant and remainderman have agreed to split the proceeds of sale.

This Q&A concerns disclaimed legacies and the tax implications.

This Q&A considers whether the trustees of a discretionary trust can create a revocable life interest trust for the beneficiaries to avoid the trustees having to pay tax on the trust income at 45% and the beneficiaries having to claim back this tax.

This Q&A considers claims under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) against a deceased’s estate, clean break provisions which allow parties to contract out of I(PFD)A 1975 and the impact of the decision in Chekov v Fryer.

This Q&A considers how an executor with power reserved to them is able to obtain full powers in a grant of probate.

This Q&A addresses a situation where spouses have made mutual Wills but one spouse has subsequently lost capacity. Can the spouse with capacity serve notice on the other spouse who lacks capacity, to revoke the mutual Will?

This Q&A deals with the position where A has been named as sole executor in a Will with provision that if A is unable or unwilling to act, then B should be appointed to act instead. A has lost capacity but has attorneys appointed under a valid financial lasting power of attorney in accordance with the Mental Capacity Act 2005.

This Q&A considers whether a solicitor appointed as an attorney under an LPA can charge for work undertaken in relation to their duties as an attorney after the donor's death.

This Q&A considers the issues for remaindermen and trustees where a life interest trust terminates with an unequal division of the trust fund satisfied by an IOU from one of the remaindermen to the other. It also considers the issues raised by one of the remaindermen being a trustee of the trust.