Clarke Willmott

This Q&A considers life interest trusts created by Will and what happens where a remainderman predeceases the life tenant.

The Q&A considers the implications of a married couple leaving their shares in a company directly to their children on the first death rather than leaving everything to each other on the first death and to their children on the second death.

This Q&A considers the position where a nil rate band discretionary trust is created using an equitable charge over the testator’s half share of the matrimonial home which is assented from the estate to the surviving spouse and the spouse subsequently wishes to sell the house and buy a replacement.

This Q&A considers what the correct procedure to adopt in ending a claim or counter-claim prior to trial in a small claims claim is, which will depend on the circumstances and in particular what terms (if any) have been agreed between the parties. This Q&A focuses on ending proceedings through discontinuance and ending proceedings through settlement (through submitting a consent or tomlin order).

This Q&A considers what provisions would suggest a dividend is not taxable.

This Q&A considers how to appoint trustees where none have been named in a Will administering life interest assets.

This Q&A considers the position where a gift of a share of a property was made within seven years of death, which now needs to be valued to calculate the IHT liability arising on death.

This Q&A considers whether a charging order be extended to cover an additional debt which is not the subject of a court judgment.

This Q&A considers if a deed of variation can apply to European assets.

This Q&A considers whether default judgment can be set aside after full payment has been made.

This Q&A considers the rules governing Third Party Debt Orders can be found at CPR 72.

This Q&A considers the availability of principal private residence relief from capital gains tax on a disposal of agricultural property by an individual where there has been a previous claim for a hold-over relief.

This Q&A considers the Late Payment of Commercial Debts (Interest) Act 1998 and whether it is possible to claim unfixed costs on small claims.

This Q&A considers whether a claimant has to plead statutory interest for it to be applied to judgment and whether there are any consequences for a claimant if they have not informed the defendant statutory interest would accrue.

This Q&A considers whether a niece by marriage is able to apply to be an administrator of a deceased’s estate if the person died intestate with no spouse or other relatives.

This Q&A considers how a party can discontinue a debt claim brought against a company which, since proceedings commenced, has been struck off the Register where the company adopted the Model Articles: Private (Ltd by Shares) and was dissolved by compulsory strike off.

This Q&A discusses how to enforce Tomlin Orders.

This Q&A considers where a clause in a Will provides that a beneficiary is entitled to the income of the residuary estate and the residue includes a 1/2 share in a property, whether the right extends to the right to enjoy the use and benefit of the property and the right to sell and downsize, in the absence of any specific clause to this effect.

This Q&A considers whether income will be taxable in the UK if a UK resident non-domiciled individual receives a distribution of offshore income outside the UK. The remittance basis and distributions from offshore trusts are also briefly considered.

This Q&A considers BPR relief from inheritance tax and whether it is always necessary to leave business assets in the estate by Will to a separate discretionary trust.