Does a testamentary gift of 10% of the baseline amount to charity to obtain the reduced IHT rate satisfy the definition of a 'pecuniary legacy' under section 55(1)(ix) of the Administration of Estates Act 1925? Section 55(1)(x) of the Administration of Estates Act 1925 (AEA 1925) defines a pecuniary legacy as including 'an annuity, a general legacy, a demonstrative legacy so far as it is not discharged out of the designated property, and any other general direction by a testator for the payment of money, including all death duties free from which any devise, bequest, or payment is made to take effect:' As well as a specific amount, a pecuniary legacy can include a gift of a sum determinable by a formula, such as a percentage of a specified amount. Use of a formula is acceptable,

This Q&A assumes that: • there is a prohibition on a trust corporation being entered into the register of members of the company whose shares are the subject of the gift • the trust corporation is appointed as the sole executor and trustee of the deceased’s Will We refer to Q&A: Can personal representatives transfer shares in a company without a grant of probate? which contains some useful content and further commentary which may be relevant to the question. The precise wording and effect of the articles of association of the company whose shares are transferred on the death of a shareholder will determine whether or not the trust corporation can be

Copyright infringement The Copyright, Designs and Patents Act 1988 (CDPA 1988) defines the author of a copyright work as the person who created it (rather than the commissioner). The author as creator is not always the owner of a work, although it is usually the case that they are the first owner of copyright unless employed, in which case the employer is. CDPA 1988 sets out the restricted acts in relation to copyright works which require the authorisation of the author or copyright owner to be carried out; copying being one of those acts. Using material that is protected by copyright by reproducing it in a planning application is an act of copying, and therefore requires the permission of the author or copyright owner, in the absence of an applicable exception, provided that the term of copyright for the material in question used has not expired. For further guidance on restricted acts under CDPA 1988, see Practice Notes: Copyright

Privity of contract It is assumed that there is a contract between A and B for the hire of the equipment and a further contract between B and C in respect of a lease of property where the hired equipment is stored by B (and which may or may not include the right for C to enforce storage charges against B). We assume there is no contractual relationship between A and C. Under the rules of privity of contract, only parties to a contract are able to enforce rights and obligations against each other (see Practice Note: Third party rights—the common law doctrine of privity of contract). This means that under the privity of contract doctrine, C could not sue A to enforce B’s obligation (if any) to pay storage charges to C pursuant to the contract between B and C. Where the

Regulation 5 of the Occupational Pension Schemes (Charges and Governance) Regulations 2015, SI 2015/879, contains a prohibition on charge structures other than single or combination charge structures. A single charge structure is defined under SI 2015/879, reg 5(2) as a structure which imposes an existing rights charge on the member, ie a charge calculated solely by reference to the value of the member's rights under the scheme. Conversely, under SI 2015/879, reg 5(3), a combination charge structure is one which imposes a combination of: • an existing rights charge on the member, and • another type of charge (either a flat fee or a charge calculated as a percentage of the value of the member’s contributions) The government’s

The Torts (Interference with Goods) Act 1977 (T(IG)A 1977) codifies the law surrounding conversion and trespass to goods and provides for a statutory framework allowing involuntary bailees to dispose of goods with which they have been left, among other things. T(IG)A 1977, s 12 allows for the bailee to sell goods where the bailor is in breach of an obligation to take delivery of the goods. T(IG)A 1977, s 13 allows for the court to authorise such a sale. T(IG)A 1977, Sch 1 allows for a bailee to impose an obligation to collect those goods. In T(IG)A 1977, s 14, ‘goods’ is defined as ‘all chattels personal other than things in action and money’. Where a person has been left as involuntary bailee

Trade unions In law a trade union is typically an unincorporated association. It is, in theory, simply a number of individual trade unionists described by a convenient label: the union is 'they', not 'it'. 'An unincorporated association is no more than a collective noun for its members' (R v L at para 21). The Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992) does not incorporate the members of a trade union into a separate juridical person, but it nevertheless invests their unincorporated association with some of the most important attributes of legal personality, so that a union may in some respects behave as if it were a body corporate. A trade union may therefore be regarded as a creature sui generis, something mid-way

Section 12 of the Legal Services Act 2007 (LSA 2007) defines ‘reserved legal activities’ which, inter alia, include ‘the exercise of a right of audience’. LSA 2007, s 13 sets out those who are entitled to undertake reserved legal activities, ie ‘an authorised person in relation to the relevant activity’ or ‘an exempt person in relation to that activity’. LSA 2007, s 18 details who is an ‘authorised person’ in relation to reserved legal activities, ie: • a person who is authorised to carry on the relevant activity by a relevant approved regulator (which includes The Law Society) in relation to the relevant activity, or • a licensable body which, by such a licence, is authorised to carry on the relevant activity by a licensing authority in relation to the reserved legal activity LSA 2007, Sch 3 and LSA 2007, s 19 detail who is an ‘exempt person’, and includes a person granted a right of audience by the court in relation to those proceedings, or by any

A transaction will fall within the scope of the National Security and Investment Act 2021 (NSI Act 2021) and may require notification

A relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE Regulations 2006), SI 2006/246 may take the form of a business transfer or a service provision change. For further information, see Practice Notes: • TUPE—business transfers • TUPE—service provision changes For information on the transfer of employees under TUPE Regulations 2006, SI 2006/246, see Practice Note: TUPE—transfer of employees. A business transfer under TUPE Regulations 2006, SI 2006/246, reg 3(1)(a) occurs where there is a transfer of an undertaking or business (or part of an undertaking or business) situated immediately before the transfer in the UK to another person where there is a transfer

Stamp duty land tax (SDLT) is charged on chargeable land transactions under section 42 of the Finance Act 2003 (FA 2003). A land transaction is an acquisition of a chargeable interest , which is defined very broadly in FA 2003, s 48 as: • an estate, interest, right or power in or over land in the UK, or • the benefit

The Financial Conduct Authority's (FCA’s) Transfer of engagements - paper form contemplates that it should