Section 144(1) of the Inheritance Tax Act 1984 (IHTA 1984) provides as follows: ‘144 Distribution etc from property settled by will (1) Subsection (2) below applies where property comprised in a person's estate immediately before his death is settled by his will and, within the period of two years after his death and before any interest in possession has subsisted in the property, there occurs (a) an event on which tax would (apart from subsection (2) below) be chargeable under any provision, other than section 64 or 79, of Chapter III of Part III of this Act, or (b) an event on which tax would be so chargeable but for section 65(4), 75, 75A or 76 above or paragraph 16(1) of Schedule 4 to this Act.’ Therefore,

A transitional serial interest (TSI) is an interest in possession (IIP) which commenced immediately on the termination of an earlier IIP, subject to those interests in possession meeting the conditions in either section 49C or 49D of the Inheritance Tax Act 1984 (IHTA 1984). In each case, the effect of the TSI is that, following the death of the original life tenant, the trust property is not relevant property for the purposes of IHTA 1984, Pt III, but instead the value of

An assent is different from a transfer or conveyance because you can only assent property from the estate of someone who is deceased. In the context of real property and, in particular, registered land, an assent is used by the personal representatives to vest the property in the person or persons entitled to it on the death of the deceased. An assent will not be executed until such time as it is clear that the property

It is assumed that the testatrix wishes to give concurrent rights namely: • a life interest in property A to B, and • a right to occupy in property A to C at their death. At its simplest, a life interest entitles the life tenant an interest in property solely for their life. In other words, it ends on their death. The grant of a life interest in a property is often limited so that it is determinable on a specified event, such as co-habitation. Additionally, it is not uncommon for the right to come with conditions as to insurance and maintenance of the property. The trustees

It is often the case that in financial remedies proceedings a third party will be joined to proceedings to assert a beneficial interest in a property or other asset, or to enable an order for sale to be made in respect of that property. In TL v ML, Mostyn J set out the principles to be applied procedurally to such actions. He emphasised that such disputes must be approached on exactly the same basis as if they were being determined in the Chancery Division and made clear that

Requirement for ownership certificates Under the Town and Country Planning (Development Management Procedure) (England) Order 2010, articles 11 and 12, for a planning application to be valid, it must include a certificate of ownership. There are four alternative ownership certificates and the applicant must complete and submit one of these certificates with their planning application: • Certificate A is completed if the applicant is the only owner of all the land within the boundaries of the application site • Certificate B is completed if the applicant knows the names and addresses of all the other owners of the land involved in the application

Dispute Resolution analysis: In Mustard v Flowers, Master Davison considered the thorny issue of the admissibility of covert recordings in civil proceedings. Challenges based on data protection law failed.The judge outlined that the admissibility of such evidence will be determined on a case by case basis, and it could not be determined by general guidance to be applied across the board. A potential solution in personal injury cases was the adoption of a protocol providing for an agreed scheme for the recording of medical examinations. This would negate the desire or need for covert recordings of such examinations. Until such time a protocol is adopted, the key question remains whether or not such evidence is relevant and probative. Written by Georgia Kate Whiting, barrister, 4 King’s Bench Walk.

In answering this Q&A we have assumed that the leaseholders are surrendering their existing leases in return for new 999 year leases in place of the existing leases. Capital gains The Taxation of Chargeable Gains Act 1992, Sch 8 (TCGA 1992) contains a number of special provisions dealing with leases. So while leases are subject to the general principles of TCGA 1992, these are to some extent modified by the provisions of Sch 8 (and some other specific provisions). There are special rules for computing the capital gain or loss which accrues on the disposal of a lease which has 50 years

The custom of paying tithes for the upkeep of a parish is ancient and dates back to Saxon times. In 1836, the Tithe Act 1836 substituted for the payment of tithes a rentcharge on land which varied on an annual basis based upon the price of corn. It was in effect an index-linked local tax. The payment of tithes was regulated by a number of subsequent statutes until, in 1936 the Tithe Act 1936 (TA 1936) abolished the rentcharges linked to tithes. Compensation was payable as a result. The short answer therefore is that a tithe rentcharge is not enforceable. However, the longer answer is that there may nevertheless

Possessory title is granted where the applicant claims to have acquired title to the land by adverse possession or where they cannot produce documentary evidence of title for some reason. It will be granted if the applicant is in actual possession of the land/in receipt of the

There are two aspects to this question: (a) are the stipulations binding on a successor in title of the original covenantor, and (b) are the stipulations enforceable in accordance with their terms. With respect to (b), this all depends on the terms of the stipulations themselves. With respect to (a), given that the conveyance or deed imposing the covenant did not trigger first registration of title, the first point to consider is whether the covenant is contained

This document provides a basic explanation of key terms that you may encounter in relation to artificial intelligence (AI). If you require any further explanation or would like guidance on any other terminology, please contact [state who]. Agentic AI AI that can independently work towards a goal. It can plan and carry out a series of tasks, use tools or information, make decisions and adapt its approach based on results, with varying levels of human oversight. Agentic AI can take multiple actions to complete a broader task. Artificial intelligence There is no single definition of artificial intelligence (AI). Broadly speaking it is the simulation of human intelligence in machines, generally computer systems. AI tool or AI system Computer software and systems that simulate human intelligence.AI tools can learn, problem-solve, make decisions, and understand language.This can be contrasted with non-AI pre-programmed