Lynne Counsell

This Q&A deals with the situation where there is a life interest trust and the life tenant disclaims their life interest. The issue is whether it is possible for the life tenant and remainderman to enter into a deed of variation recording the fact that the life tenant is to take absolutely.

This Q&A deals with the scenario where two licences are contained in one commercial agreement. There are two issues: In the absence of any express contractual provision, does a breach of one licence affect the validity of the other licence, or do they operate independently? What is the situation where the licence that has been breached (Licence A) has already terminated when the breach was discovered and the other licence (Licence B) only took effect on the termination of Licence A?

This Q&A considers whether it is possible to claim rectification of a Will where it was intended that the residue be divided into one hundred shares but the calculations amount to one hundred and three shares.

This Q&A considers whether an administrator of an intestate estate must obtain a grant of letters of administration in order to place notices under the Trustee Act 1925 to protect against unknown creditors, even when there are no assets in the estate that require a grant of letters of administration.

This Q&A examines actions to be taken by a customer in the event of a product fault due to user error and where the terms of a B2B manufacturer warranty do not specify taking security.

This Q&A considers under what circumstances trust capital can be appointed to a life tenant.

This Q&A considers a point of drafting and practice in respect of commercial agreements and a party’s obligations under CFA 2017.

This Q&A deals with the question of whether a contract between a company and a third party which is entered into in breach of the company’s articles of association is enforceable.

This Q&A considers the power of an attorney under a lasting power of attorney (LPA) to disclaim their appointment.

This Q&A deals with the factual circumstances where the sale of a house was agreed by the deceased prior to death.

This Q&A considers the issue of whether an offer made by deed can be accepted by conduct.

This Q&A considers whether email is the only form of electronic communication that can be used for giving notice under a contract and what the issues are regarding the use of email to give notice.

This Q&A considers whether the exchange of scanned copies (in whole or in part) is sufficient for the execution of an agreement in counterpart.

This Q&A considers whether the executors can appropriate property in the estate to one of the joint executors where that executor is entitled to 50% of the residuary estate.

This Q&A considers whether it is possible for a person who is resident abroad (in this case, South America) to make an effective LPA under MCA 2005 in respect of health and welfare while in England. It would be intended for use if the person’s health deteriorates while visiting family in England. It also considers whether the same principles apply for a LPA for property and financial affairs.

This Q&A deals with the situation where the deceased’s estate would be receiving a legacy from another estate and considers whether the executor can enter into a deed of disclaimer to disclaim the gift. This Q&A also considers whether, as an alternative, the executor can enter into a deed of variation on behalf of the deceased (as original beneficiary) in order to redirect the gift.

This Q&A considers whether it is possible to draft a Will to say that the costs of locating a residuary beneficiary shall be set against their share of the estate.

This Q&A considers deemed of novation of a contract.

The Q&A considers whether the inheritance tax RNRB is available to non-UK domiciled and non-UK resident individuals.

This Q&A deals with the validity of a notice of severance of joint tenancy in respect a joint investment bond given by one of the joint owners (A) who lacks mental capacity. It also considers how the existence of a registered financial affairs lasting power of attorney given by A would affect the validity of the notice.