Lynne Counsell

This Q&A considers whether an order appointing new trustees of land in place of a sole surviving incapacitated trustee and beneficial owner (P) survives the death of P and, further, whether the new trustees can continue to proceed with a sale of the property after P’s death.

This Q&A deals with the factual situation where a property is jointly owned by a husband and wife, with the wife acting as LPA attorney for her mentally incapacitated husband. The question is whether, on a sale of the property, the wife can give a valid receipt for the purchase monies and sign the transfer on behalf of herself and her husband. It is explained that a minimum of two trustees are required to sell real property and give a valid receipt for the sale proceeds. The wife cannot therefore sell the property and give a valid receipt as attorney for her husband and it will be necessary to appoint another trustee to convey the property and give a valid receipt for the proceeds of sale.

This Q&A considers whether the power of appropriation can be exercised in relation to a life interest trust established by Will and whether a remainderman's interest in a life interest trust which holds a property constitutes an additional dwelling for the purposes of the SDLT higher rates rules.

This Q&A considers whether a life tenant and the adult remaindermen can amend the trust to add grandchildren as beneficiaries under the rule in Saunders v Vautier when the trust in question is a trust of land.

This Q&A concerns a UK residential individual (C) who is setting up a French company, which in turn will purchase a French holiday home. C intends that the company will be held by C as to 10% and by C’s children as to the other 90%. The shareholders will transfer funds to the company to allow it to buy the property. C intends to make a gift in the UK to C’s children of 90% of the purchase price. The children will then transfer these funds to the company in France to buy the property. C will be making a potentially exempt transfer in cash in respect of the gift of 90% of the purchase price. Will C also be caught by the ‘pre-owned assets tax’ (POAT) rules?

This Q&A concerns the issue of the appointment of new trustees of a Will trust when that power of appointment is conferred by the Will on executors who are intending to renounce their executorship and also to disclaim as trustees.

This Q&A considers the interaction between agricultural property relief (APR) and nil rate band gifts, in particular the issue of whether it is only the open market value that is considered when making a transfer of farmland that qualifies for 100% APR to a testamentary nil rate band discretionary trust, and the effect, if any, of section 39A of the Inheritance Tax Act 1984.

This Q&A deals with the situation where a plan attached to a Will which delineates the parcels of land to be assented to beneficiaries contains an error. The Q&A considers what can be done to remedy the error.

This Q&A considers the factual situation where an estate has insufficient cash to pay a pecuniary legacy.

This Q&A deals with the issue of automatic renewal provisions in contracts and whether there are any restrictions or limitations on the use of automatic renewal provisions in B2B and B2C contracts.

This Q&A considers whether a beneficiary, who is also a co-executor of a will, can make a claim pursuant to TOLATA 1996, s 14, where the property has not been transferred into the names of the executors.

This Q&A examines whether a company may be a beneficiary under a discretionary trust.

This Q&A considers whether a company can restrict a consumer from going directly to subcontractors that the company uses in order to supply the goods.

This Q&A considers whether a consumer can waive their right to a cooling off period under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134.

This Q&A concerns whether it is possible to witness a deed electronically using an e-signing platform.

This Q&A considers whether two signatories must sign the same document or whether they can sign separate counterparts when a company is executing a deed under section 44(2)(a) of the Companies Act 2006 (CA 2006).

This Q&A deals with the issue of the transferable nil rate band (NRB) and deeds of variation (DoV). The question is whether a DoV can be entered into after the second anniversary of the deceased’s death to preserve a transferable NRB.

This Q&A considers whether a property and financial affairs lasting power of attorney can provide the attorney with the power to exercise settlor powers reserved to the donor under a trust instrument.

This Q&A considers the options for the life tenant of a Will trust to terminate their interest during their lifetime.

This Q&A considers the inclusion of a non-solicitation of customers clause in a non-exclusive agency agreement. The question is whether there are any rules in place restricting or preventing this.