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Russell-Cooke

Experts

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Alex Ground
Alex Ground
Russell-Cooke
Guy Wilmot
Guy Wilmot
Solicitor
Russell-Cooke
Patrick Delas
Patrick Delas
Russell-Cooke
Sapna Desai
Sapna Desai
Solicitor (Associate)
Russell-Cooke
Shabnam Ali-Khan
Shabnam Ali-Khan
Russell-Cooke
Contributions by Russell-Cooke

1

Use of foreign Wills
Use of foreign Wills
Practice notes

This Practice Note is produced in partnership with Russell-Cooke Solicitors and is an overview of the use of foreign Wills in the estate planning of individuals with international connections. The note covers when and why it is advisable to have separate Wills for each relevant jurisdiction; what laws govern the succession of an individual’s estate; the EU Succession Regulation (Regulation (EU) No 650/2012), which applies to deaths on or after 17 August 2015; matrimonial property regimes; and the recognition in the UK of Wills made in foreign form.

Contributions by Russell-Cooke Experts

12

UK-France estate planning—introduction
UK-France estate planning—introduction
Practice notes

This Practice Note written by Patrick Delas, Legal Director at Russell Cooke LLP is an overview of the taxation of estates in France from the perspective of UK domiciled individuals potentially subject to French inheritance tax (DMTG) and wealth tax (IFI) on their French property.

Website terms and conditions of use
Website terms and conditions of use
Precedents

These Precedent website terms and conditions of use (also known as website terms and conditions, T&Cs, Ts and Cs or Ts&Cs) govern the use of a generic ‘information only’ website offered to users free of charge. It is drafted with consumer use in mind and forms part of a suite of precedent terms which govern the use of a website, the supply of goods and services, acceptable use, privacy and the use of cookies. This Precedent should not be used for businesses in regulated industries.

A leaseholder purchased a flat in the knowledge that major works would be required in the future. However, when the works ultimately were undertaken a number of years later they far surpassed the original cost estimate provided. Can the leaseholder refuse to pay?
A leaseholder purchased a flat in the knowledge that major works would be required in the future. However, when the works ultimately were undertaken a number of years later they far surpassed the original cost estimate provided. Can the leaseholder refuse to pay?
Q&As

A protective application was made to the Property Tribunal on the basis that it was almost six months since service of the counter notice and terms had not been agreed. Terms have now been agreed. Should the Tribunal be asked to stay proceedings or should they be withdrawn following the agreement of terms?
A protective application was made to the Property Tribunal on the basis that it was almost six months since service of the counter notice and terms had not been agreed. Terms have now been agreed. Should the Tribunal be asked to stay proceedings or should they be withdrawn following the agreement of terms?
Q&As

Five long residential leases of flats in a block of 14 have a management company as a party. They also contain a covenant by the landlord to grant any other leases of flats in the building in similar terms. The management company has been struck off and the landlord does not intend to form a new one. Can the landlord grant a new lease of another flat on the same terms, except with no management company as a party or will this be a breach of the covenant to grant leases in similar terms?
Five long residential leases of flats in a block of 14 have a management company as a party. They also contain a covenant by the landlord to grant any other leases of flats in the building in similar terms. The management company has been struck off and the landlord does not intend to form a new one. Can the landlord grant a new lease of another flat on the same terms, except with no management company as a party or will this be a breach of the covenant to grant leases in similar terms?
Q&As

If a freehold of a residential property is originally owned by one person (referred to as the landlord in a lease the person grants) and is later owned by two people, are they both called landlords and are they both bound by the original lease in the same way?
If a freehold of a residential property is originally owned by one person (referred to as the landlord in a lease the person grants) and is later owned by two people, are they both called landlords and are they both bound by the original lease in the same way?
Q&As

In a collective enfranchisement transaction, can the tenants who are not qualifying tenants take part in the enfranchisement providing there are enough qualifying tenants as well? Eg where there are 15 flats, four owned by the same person and two by another with nine owned individually. If eight qualifying tenants collectively enfranchise, can the owner of the four flats join in in addition to the eight qualifying tenants? Or is the owner of the four flats not able to participate at all?
In a collective enfranchisement transaction, can the tenants who are not qualifying tenants take part in the enfranchisement providing there are enough qualifying tenants as well? Eg where there are 15 flats, four owned by the same person and two by another with nine owned individually. If eight qualifying tenants collectively enfranchise, can the owner of the four flats join in in addition to the eight qualifying tenants? Or is the owner of the four flats not able to participate at all?
Q&As

Is it possible for qualifying tenants of a development which consists of a block of flats plus four houses, all subject to identical long leases, to exercise the right to collective enfranchisement? Or would the option only be open to the tenants in the block of flats?
Is it possible for qualifying tenants of a development which consists of a block of flats plus four houses, all subject to identical long leases, to exercise the right to collective enfranchisement? Or would the option only be open to the tenants in the block of flats?
Q&As

Is the landlord able to include the right to redevelop in a new lease when granting a voluntary lease extension for a residential property lease?
Is the landlord able to include the right to redevelop in a new lease when granting a voluntary lease extension for a residential property lease?
Q&As

Seven out of ten flats are participating in a collective enfranchisement. Three of the owners will be funding the three non-participating flats (being responsible for one each) in return for an overriding 999 year lease for each flat. If one of the non-participating tenants is in arrears of service charge etc, will the tenant of the overriding lease become liable for those arrears, or will the liability remaining with the non-participating tenant?
Seven out of ten flats are participating in a collective enfranchisement. Three of the owners will be funding the three non-participating flats (being responsible for one each) in return for an overriding 999 year lease for each flat. If one of the non-participating tenants is in arrears of service charge etc, will the tenant of the overriding lease become liable for those arrears, or will the liability remaining with the non-participating tenant?
Q&As

The lessor under a long residential lease served a section 146 of the Law of Property Act 1925 notice on the lessee seeking remedy for breaches of the lease. The lessee denies the breaches but does remedy them and therefore the only issue is whether the lessor can recover solicitors’ fees for correspondence and service of the notice. The lease provides for the lessee to indemnify the lessor where the lessor serves a section 146 notice. Is the lessor entitled to recover its costs where a tribunal or court has not determined whether there were breaches and therefore whether the notice was validly served?
The lessor under a long residential lease served a section 146 of the Law of Property Act 1925 notice on the lessee seeking remedy for breaches of the lease. The lessee denies the breaches but does remedy them and therefore the only issue is whether the lessor can recover solicitors’ fees for correspondence and service of the notice. The lease provides for the lessee to indemnify the lessor where the lessor serves a section 146 notice. Is the lessor entitled to recover its costs where a tribunal or court has not determined whether there were breaches and therefore whether the notice was validly served?
Q&As

What are the planning implications of remedial works to buildings needed to make the buildings safe from reinforced autoclaved aerated concrete (RAAC)? In particular, is planning permission required for the demolition and repair of affected buildings, and the erection and use of temporary buildings? Does it matter if the building is in public or private ownership?'
What are the planning implications of remedial works to buildings needed to make the buildings safe from reinforced autoclaved aerated concrete (RAAC)? In particular, is planning permission required for the demolition and repair of affected buildings, and the erection and use of temporary buildings? Does it matter if the building is in public or private ownership?'
Q&As

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