New Square Chambers

This Q&A looks at the principle in Wheeldon v Burrows regarding the creation of easements and whether the rule applies retrospectively.

This Q&A considers how a declaration of trust can be brought to an end.

This Q&A considers whether, if a creditor claims inclusive of VAT on their proof of debt, the office holder can compel them to reclaim their VAT and only admit claim net of VAT.

This Q&A considers the necessary formalities of witnessing a Will.

This Q&A considers how the mortgage debt is paid when the Will leaves a specific legacy of a property free of any mortgage and the deceased only owned a part share of the property at death.

This Q&A considers whether the trustees of a property held for the benefit of a protected person can be replaced using a deed of retirement and appointment of trustees under the power in Trustee Act 1925, s 36, or whether the approval of the Court of Protection is required.

This Q&A deals with the incorporation of contractual terms via a course of dealings.

This Q&A deals with information that is required, and the format thereof, when notice of assignment of a lease is given.

This Q&A looks at the information that needs to be given in relation to the extent of the property to be acquired in a notice to collectively enfranchise under LRHUDA 1993, s 13.

This Q&A considers obligations to use reasonable endeavours, contractual remedies where the buyer has not used reasonable endeavours including wasted legal costs and other losses.

This Q&A considers whether an equitable easement is binding on subsequent purchasers of the registered servient land if they have no knowledge of the easement.

This Q&A considers whether the rent under a lease can be payable before the date of the lease and the start of the contractual term.

This Q&A considers whether the power of advancement under section 32 of the Trustee Act 1925 applies where one part of the trust capital is put on discretionary trust for three people and one of them lacks capacity. It considers the ability to the life tenant to surrender their interest unilaterally and the tax implications of this..

This Q&A considers whether it is possible to exclude the statutory power of reimbursement of trustee expenses found in section 31 of the Trustee Act 2000.

This Q&A considers whether a law firm which assumes the business of an insolvent firm can act as the co-executor of a Will in which the insolvent firm was named as co-executor.

This Q&A considers whether it is possible to claim adverse possession of land owned by a charitable trust.

Mini-summary: This Q&A considers what external consideration means for the purposes of section 142(3) of the Inheritance Tax Act 1984.

This Q&A considers the resident landlord exception to the right to collective enfranchisement found in chapter 1 of the Leasehold Reform, Housing and Urban Development Act 1993.

This Q&A considers the approach to interpreting words and phrases in a home-made Will.

This Q&A considers whether the appointment of a trustee of land within form TR1, for the purposes of having two trustees to give a valid receipt for he sale proceeds, continues to apply to the sale proceeds and other trust property or assets which subsequently represent the sale proceeds.