XXIV Old Buildings

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XXIV Old Buildings

XXIV Old Buildings

XXIV Old Buildings

XXIV Old Buildings

XXIV Old Buildings

XXIV Old Buildings

Contributions by XXIV Old Buildings Experts

29

Other Work

A building consists of two flats where the freeholder has already granted a long lease of one of the flats and it is intended that on the same date: the freeholder will grant a long lease of the other flat to a second tenant, and the freeholder will gift the freehold to the two tenants (in equal shares). Does the tenants’ right of first refusal under the Landlord and Tenant Act 1987 apply to the gift of the freehold?

A person has died intestate and the sole asset is a potential medical negligence claim following death. The deceased's mother, who lives abroad, is entitled to apply for letters of administration but has renounced her entitlement. Can the sister of the deceased, who lives in the UK, apply for letters of administration and make a claim as a beneficiary and would she need to apply as an attorney?

A surviving spouse is left an interest in possession in half of the matrimonial home in the Will of the deceased spouse. The Will contains a provision such that if the property is sold in the surviving spouse’s lifetime, the proceeds pass down to children. If this occurs prior to the surviving spouse going into care, could this be deemed to be a gift made by the surviving spouse for the purpose of deliberately depriving themselves of assets under the Care Act 2014?

A trust was constituted with A, B and C as trustees, substituted later with E and F and later with the addition of G but no documentation exists for the retirement of A, B and C or the appointment of E and F. What procedures are available to constitute the full trust documentation?

A Will appoints X, Y and Z as executors and trustees. X and Y obtained the grant with power reserved to Z. The Will does not have a clause providing that the trustees are those just named on the grant and so X, Y and Z are the trustees of an IPDI trust created under the Will. Z lacks capacity to act as trustee and cannot sign any form of disclaimer or deed of retirement. Do X and Y need to take any steps to formally remove Z as a trustee? There are no special powers of appointment or retirement under the Will and so just the statutory powers apply.

A Will creates a life interest trust: the life tenant shall have the right to remain in the deceased's house for his life time and during this time shall be responsible for payment of all utility bills relating to the house. What measures can be put in place by the Trustees to make sure that the life tenant: 1) keeps the property in good repair and condition, and 2) pays all utility bills?

Agents were contracted to manage a three bedroom residential property for 10 years. In breach of contract they failed to carry out quarterly inspections for the past four years in which time the tenants unlawfully sublet the house so that there were seven or eight people living there. Significant property damage, including to doors, has been caused along with large amounts of debris being left. The only evidence is a check out report. If the managing agents are found to be negligent or in breach of contract how will damages be assessed? Is there case law in respect of similar cases?

Are there grounds to argue that a constructive trust is created where A loans to B and C the whole of the purchase price of a property under a loan agreement? If so, can A's trust interest be protected by registering a restriction?

Can a creditor take out letters of administration if the family of the deceased are refusing to do so?

Can a Will prepared in the UK for UK assets be signed and witnessed by the client in France, and if so, does it have to be witnessed by a professional or can it be witnessed by individuals?

Can an executor of an estate appoint someone (say a solicitor) under a general power of attorney to sign the TR1 to complete the sale of the deceased's property? If so, what is the authority for this?

How can an express declaration of trust be terminated if both parties wish to terminate it? The parties also wish to remove the relevant restriction from the land register by sending a Form RX4.

How do you swear an oath during the coronavirus (COVID-19) pandemic where there may be problems with a solicitor being physically present? Can it be sworn virtually with the individual and solicitor both signing electronically or are wet signatures required?

If a beneficiary of an estate brings a claim against the estate which is not a claim under the 1975 Inheritance Act, and which is potentially detrimental to the other beneficiaries, are the personal representatives entitled or obliged to adopt a neutral stance?

If a vendor sells a commercial property without obtaining an energy performance certificate, what are the consequences and will the failure amount to a breach of contract leading to a claim for damages if it were found that major remedial work was needed to increase the energy performance of the building?

In a situation involving joint tenants of the legal estate: husband and wife, and one of the parties loses mental capacity, so that an application to the Court of Protection is required, is there any issue appointing the other spouse as deputy? Alternatively by analogy with the problems of joint owners and powers of attorney is there an issue?

Is a deed of appointment always required when appointing capital out of a discretionary trust?

Property is held on a Will trust. A beneficiary was given a life interest and on death the capital goes to their children. This interest is held subject to the repayment of a loan. Can trustees sell the property without their consent?

The deceased had two daughters, one legitimate and one adopted. The deceased was estranged from her adopted daughter and left everything to her other daughter (and that daughter’s children) in her Will. Since making the Will, the deceased enjoyed a good relationship with the child of her estranged daughter. Does this grandchild have any standing to bring a claim against the deceased’s estate? The deceased was not supporting anybody financially during her lifetime.

Under the terms of a Will trust, B has the right to occupy a property and B is responsible for repairing and maintaining it. B is causing willful damage to the property, which is making it unsafe. What remedies are there against B in this situation? Eg can the right to occupy be terminated?

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