Charles Russell Speechlys LLP

Can an executor dispute the terms of a Will?

Does a potential beneficiary of a NRB discretionary trust have the right to see the Trust Accounts as opposed to the Estate Accounts?

If a Scottish confirmation certificate is obtained by the executor for a deceased's estate, does this allow them to administer the estates assets that are in England and Wales or do they need to be sealed in England?

If there is an unsecured debt against an estate where the sole asset is a jointly held property, is there any difference in how the debt is treated if the property is held as tenants in common rather than joint tenants?

In an unopposed lease renewal under the Landlord and Tenant Act 1954, improvements carried out by the tenant are to be disregarded when establishing the rent. Would improvements carried out under an agreement for lease but prior to the actual commencement of the lease amount to improvements carried out 'during the current tenancy' and thus fall to be disregarded (assuming they were carried out by the tenant and not pursuant to an obligation to the landlord)?

Section 36(9) of the Trustee Act 1925 provides: (9) Where a trustee lacks capacity to exercise their functions as trustee and is also entitled in possession to some beneficial interest in the trust property, no appointment of a new trustee in their place shall be made by virtue of paragraph (b) of subsection (1) of this section unless leave to make the appointment has been given by the Court of Protection. What does ‘entitled in possession to some beneficial interest in the trust property’ mean in this context? In particular, does it include a beneficiary under a discretionary trust?

T left a life interest in T's share of a property to T's spouse, S. S's new partner, P now resides in the property with S. What rights does P have in the property as a result of P's occupation?

What rights does a residuary beneficiary have to challenge a firm’s professional charges for acting in the administration of an estate where the firm was instructed by lay executors who approved the invoice?