Lynne Counsell

This Q&A considers the legal authority which permits the life tenant of a settlement to live in a property held by the settlement.

This Q&A considers whether schools are contractually obliged to deliver a service which has been paid for but due to coronavirus (COVID-19) the school is unable to provide the service.

This Q&A considers the procedure in an application for nullity that relies on the respondent’s wilful refusal to consummate the marriage where the respondent fails to file the acknowledgment of service. It also considers whether the application can proceed simply by serving the respondent with the papers in the same manner as a divorce.

This Q&A deals with the situation where the administrators of the estate of a person believed to have died intestate have obtained a grant of letters of administration and administered and distributed the estate, but subsequently discover that the deceased had left a valid Will.

The Q&A considers what the process is for authorising a non-director to sign contracts on behalf of a company.

This Q&A deals with the Assignment of Receivables Regulations 2018, SI 2018/1254, reg 4(i). It considers what is necessary to include in a statement in the background section of an agreement that it is entered into in connection with an acquisition or disposal.

This Q&A considers the age requirements in respect of both trusts and unincorporated associations. The first issue is what is the statutory age for trusteeship. The further issue is whether a minor can be a member of an unincorporated association.

This Q&A considers options available where beneficiaries are failing to response to the requests of the executor to provide approval of the estate accounts and provide a release to the executor, in particular where the beneficiaries intend to cause delay and claim against the estate.

This Q&A considers the treatment of a bank account on the death of a sole trader or of a partner in a partnership.

This Q&A considers what issues may arise when a deceased spouse’s share in property which is subject to a mortgage passes to a life interest trust.

This Q&A considers the protection from disclosure given to a defendants Will in the course of proceedings for proprietary estoppel.

This Q&A considers how much detail should be given to the beneficiaries who will inherit trust assets after the life tenant has died.

This Q&A considers whether a beneficiary has the right to occupy the deceased’s property.

This Q&A considers the situation where a B2B contract provides for a fee to be increased annually at the supplier’s ‘prevailing rate’. The issue is whether there is a requirement for such rate increase to be ‘reasonable’.

This Q&A discusses the situation where a claimant under the Inheritance (Provision for Family and Dependants) Act 1975 dies after a claim has been issued but before an order has been made.

This Q&A considers the meaning of ‘good repair’ in the context of a beneficiary's occupation of a trust property.

This Q&A looks at the differences between a licence to occupy and a tenancy at will.

This Q&A considers whether consumer protection regulations apply to employees buying discounted products on an online platform provided as a benefit of their employment.

This Q&A considers the scope, drafting and effectiveness of non-solicitation clauses.

This Q&A deals with the situation where a grant of representation has been granted to the attorney of an executor appointed under a Will and considers whether the grant of attorney can be revoked by the attorney or by the donor and if so, what the procedure is for doing so.