Who has parental responsibility? At birth • where the parents were married to each other, or from 2 December 2019 civil partners of each other at the time of the child’s...
It is natural that spouses may want to make gifts to each other since it is fairly typical for couples to share their property. The term ‘spouses’ is used in this...
Capacity to sell Trustees of land have all the powers of an absolute owner in relation to the land which is subject to the trust. A buyer from trustees of land is not...
Co-ownership Where property is purchased in the joint names of two or more co-owners a statutory ‘trust of land’ arises. Trustee Act 1925, s 34(2) limits the number of...
There are various definitions of cohabitation within case law. Under the current remedies available to cohabitants, the first step will be to establish that the...
This Practice Note provides guidance on case law in relation to claims under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996), including the leading...
Children's surnames at registration A child's birth must be registered within 42 days of birth. It is the duty of the mother and father of the child to register the...
Constructive trusts represent one of the three types of trust which do not require to be declared or evidenced in writing. The others are resulting and implied trusts,...
Interaction of matrimonial and other laws Marriage can affect the rights of the parties in one or more of the following ways: Matrimonial contract and property regimes...
Note: In practice, the terms ‘equitable’ and ‘beneficial’ tend to be used interchangeably when describing any interest in land which is not a legal estate (and in...
Cohabitants do not have the same rights to make property claims as married couples or civil partners, and disputes between cohabitants regarding their beneficial...
Section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) enables the court to make a declaration as to the nature and extent of a person’s...
Where two or more people together own real property, they hold it under a trust of land. Where property is held on a trust of land, the legal estate and equitable estate...
The cohabitant The Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) permits a claim by a person who has cohabited with the deceased and applies...
Parties who live together may regulate the terms of their cohabitation by entering into a cohabitation contract. It is prudent to do so to ensure clarity both during the...
The parties to a marriage or civil partnership cannot contract out of the court’s jurisdiction to make orders for financial provision on divorce or dissolution, however,...
What is a pre-nuptial agreement? A pre-nuptial (or pre-civil partnership) agreement is a contract between the parties to an intended marriage or civil partnership that...
Cohabitants and other co-owners or co-occupiers of property, often fail to specify the extent of their respective beneficial interests in the shared home. This can create...
This Practice Note provides an introduction to marital agreements as a wealth protection tool and the case of Radmacher v Granatino for Private Client practitioners. For...
Trusts arrangements are increasingly popular with, for example, foreign individuals who live in the UK while retaining their non-UK domicile under UK law. UK tax charges...
Dear [insert organisation name] Our Client: [ ] Your Client: [ ] Re: [insert property address] We act on behalf of [ ]. This is our letter of claim in relation to our...
Dear [insert organisation or individual’s name] Our client: [insert name] [Property OR Land]: [insert address] Land Registry number: [insert Land Registry number] We are...
For an introduction to marital agreements and the reported cases since Radmacher v Granatino, see Practice Notes: Introduction to marital agreements for Private Client...
This Practice Note continues on from Practice Note: Introduction to marital agreements for Private Client practitioners which should be read first. Reported cases since...
This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners, inter alia, when considering which courts...
Section 18 of the Inheritance Tax Act 1984 (IHTA 1984) contains an unlimited exemption from inheritance tax (IHT) for transfers of value between spouses and civil...