The following Private Client Q&A provides comprehensive and up to date legal information covering:
HMRC will only accept that income is shared between joint owners of property in specified proportions if those proportions reflect the beneficial ownership. As well as providing evidence of the underlying beneficial ownership, the legal owners would also need to file Form 17 with HMRC. See HMRC manual: TSEM9851 Form 17 Rule—Evidence.
It sounds from this Q&A that the declaration of trust which was executed by the deceased (while living) and their spouse did not change the beneficial entitlement to the future sale proceeds of the property, but only contained an agreement that the income s
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This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.You should also consider if the proceedings will be
Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely solely on the legal title. In the case of registered land, this means the entries entered on the register of title, as it records ownership of the legal
An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because, though supported by consideration, it was made without any intention of creating legal relations (see, eg, Blue v Ashley).Did the parties intend to
Source of the doctrine of the separation of powersThe origins of the doctrine are often traced to John Locke’s Second Treatise of Government (1689), in which he identified the 'executive' and 'legislative' powers as needing to be separate.‘… it may be too great a temptation to human frailty, apt to
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