Addington Chambers

This Q&A considers the following issues: does a document appointing an attorney need to state that it is a power of attorney for it to be effective as such? If a document giving authority to one party to act on behalf of another is silent as to whether it is a power of attorney, do the general principles of agency apply to such appointment and the extent of the authority granted?

This Q&A considers a co-owners rights where a life interest is given in a will.

This Q&A considers whether the 14-day cooling off period under the Consumer Contracts Regulations 2013, SI 3134/2013 applies to computer equipment which has been opened and the manufacturer's seal is broken.

This Q&A considers whether, in circumstances where there is a caveat in place, the issue of a grant ad colligenda bona affects any disputes as to the validity of a Will.

This Q&A considers whether the operator of a marketplace platform service needs to ensure that all Schedule 2 information is provided in respect of traders selling using the platform.

This Q&A considers whether a beneficiary can enter a unilateral notice to protect their interest under a Will.

This Q&A considers the treatment of interest and index linked payments on national saving certificates following the death of the certificate holder.

This Q&A considers how a clause which leaves the benefit of a debenture in a Will be drafted.

This Q&A considers whether an oral declaration of trust over commercial properties of which the deceased is the sole legal owner, combined with many years of splitting rental income in the same beneficial proportions, is sufficient to establish the deceased’s partial (rather than full) ownership share for the purposes of the inheritance tax return on their death.

This Q&A deals with the factual situation where a person is dealing with an estate of a deceased person and they have a copy of the Will but cannot find the original. The question that arises is how to proceed and what is to be put in the oath on the application for the grant of probate.

This Q&A deals with a situation where a claim for money is issued against a defendant who is deceased. The question is whether there is a protocol on how an executor for the deceased should respond.

This Q&A considers the chain of representation where a deceased (A) has nominated a literary executor (B), and B has died before completing the administration of A's literary estate.

This Q&A considers whether you are required to state the expected amount of damages as an asset in the IHT 205 where a Grant of Letters of Administration is being applied for solely for the purposes of pursuing a claim for personal injury on behalf of the deceased.

The Q&A considers whether a law firm can charge for responding to a Larke v Nugus letter on behalf of the firm which prepared the Will but where the solicitor has no personal knowledge of the circumstances in which the Will was made.

This Q&A considers the issue of inheritance tax payable when a successful claim for proprietary estoppel has been made.

This Q&A considers the effect of an application under section 116(1) of the Senior Courts Act 1981 brought by an intermeddling executor.

This Q&A deals with the factual situation where, in a business to business contract for the provision of goods, the buying party rejects the goods alleging non-compliance with one or more of the implied terms in the Sale of Goods Act 1979 as to quality, fitness for purpose etc. The buyer insists that the seller comes and takes the goods away. The question is whether the selling party can 'safely' agree to take back the goods without prejudice to its right to sue for payment of them.

This Q&A considers whether, if person A dies intestate leaving two biological children, B and C, B is entitled to apply for Grant of Letters of Administration if A wasn't named as a parent on B's Birth Certificate.

This Q&A considers whether the capital and income of the Personal Injury (PI) trust will be protected from inclusion in any assessment of their income and capital for these purposes if the beneficiary of a bare trust PI trust is liable to pay child maintenance.

This Q&A considers what action can or should be taken by executors where beneficiaries of an estate would like an asset of the estate to be transferred to them but the beneficiaries are not providing the executors with the information necessary to transfer the asset.