Clarke Willmott

This Q&A considers the relevant limitation period that applies when making an application for an interim charging order.

This Q&A considers allocation of claims to fast track for reason of complexity.

This Q&A considers remuneration clauses in Wills and whether a retired professional can claim under a charging provision in a Will.

This Q&A considers whether principal private residence relief is applicable to a sole remainderman's interest in a property that has increased in value since the death of the life tenant.

This Q&A considers the IHT implications of a transfer for no consideration of a half share of a property between siblings.

This Q&A considers how the related settlement rules apply when two trusts are established on death (effected by the Will or by deeds of variation of the dispositions in the estate) and the effect of these rules on the nil rate band available to each trust.

This Q&A discusses whether the time limit for the debtor's response includes Bank Holidays under the Pre-Action Protocol for Debt Claims.

This Q&A considers what the limitation period is for a business to business debt claim and whether the limitation period would be paused or stopped on issuance of a notice of default, or whether proceedings must be commenced.

This Q&A considers what options are available where the life tenant of a Will trust wishes to remain in the trust property for their lifetime, but the remainder of the deceased testator’s estate is insufficient to settle the IHT due on the property and the property would otherwise need to be sold.

This Q&A considers the inheritance tax (IHT) treatment of a life interest trust established before the changes in 2006 in a case where the trust fund reverts to the settlor on life interest trusts on the death of the original life tenant.

This Q&A considers the qualifying criteria for an 18–25 trust.

This Q&A considers whether the converted sterling value should be used when pursuing a debt in Euros when calculating the value of a claim for determining High Court or County Court issue thresholds and issue fee and solicitor’s costs for inclusion on the claim form.

This Q&A considers whether a bailiff’s fee can be added to the costs owed for debt recovery on the order of enforcement.

This Q&A considers the circumstance where correct service has been carried out by post but, due to the defendant being away from their address for an extended period of time, they had not been aware of the claim and default judgment has been entered against them. It is then asked whether there is an obligation on the claimant to set aside the judgment or for them to consent to it being set aside upon an application by the defendant.

This Q&A considers whether a claim for repayment can be brought after a debtor has paid a debt which they did not need to, and any time limitations.

This Q&A considers whether a personal guarantee of a director in relation to the debts of their own limited company is subject to the debt pre-action protocol.

This Q&A considers whether loss on sale of land relief can be claimed where one property in the estate has made a loss compared to the date of death value and another has made a gain. It also notes the considerations for personal representatives when deciding whether or not to make a loss on sale relief claim, including comparing the overall inheritance tax and CGT position in both scenarios.

This Q&A considers the date of disposal for capital gains tax and for inheritance tax purposes in relation to chattels which remain with the life tenant and are not physically delivered to the recipient until some time after the trust deed of appointment.

This Q&A considers the situation where the deceased was foreign domiciled and the vast majority of the estate is in the USA but there is a cross-border element as they left a residential property in the UK which passed to the surviving spouse by survivorship, and where the chattels situated in the UK property had been settled by the deceased during their lifetime on a US trust, and how those chattels are treated for UK inheritance tax and capital gains tax purposes on a sale by the trustees of the US trust.

This Q&A considers whether a CPR request for further information can be made against a judgement debtor in prison of if the High Court Enforcement Officer attempt recovery at the debtors last known address.