An express trust may come to an end in a variety of ways, including the actions of the trustees, settlor, beneficiaries or a third party. It may also terminate on the occurrence of a certain event (such as a beneficiary attaining a specified age) or on the expiry of the trust period. For more information on the termination of trusts, see Practice Note: Termination of trusts—methods

In answering this Q&A, we have limited the research to cover the position where the trust property and trustees are in the UK. In May 2017, Form 41G, the old form for notifying HMRC about a trust, was withdrawn and replaced by the HMRC online Trusts Registration Service, which is known as the TRS in relation to the registration of trusts. Under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692, trustees of ‘relevant trusts’ are obliged to maintain accurate and up to date written records of all beneficial owners of the trust (settlor(s), trustee(s), beneficiaries and anyone else with control over the trust) and of any potential beneficiaries (eg those referred to as such in a document from the settlor relating to the trust, such as a letter of

STOP PRESS: From 6 April 2017, the Insolvency Rules 1986, SI 1986/1925 were revoked and replaced by the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024. The content in this Q&A may have been affected by this change. Does a trustee have the power to enter into agreements on behalf of the bankrupt? A trustee in bankruptcy is not the agent of the bankrupt and so does not enter into agreements on behalf of the bankrupt. In any event the legislation supporting the bankruptcy procedure makes it unnecessary for the trustee to enter into agreements on behalf of the bankrupt—the trustee can act as principal on his or her own

Property that belongs to the bankruptcy estate vests in a trustee in bankruptcy under section 306 of the Insolvency Act 1986 (IA 1986). This takes effect without the need for any formal conveyance, transfer or assignment and takes place by operation of the law immediately upon the appointment of the trustee. Where the bankrupt is a joint owner of property, it is only their beneficial interest that vests, which is the valuable interest. This means that a beneficial interest will vest in a trustee in bankruptcy. Vesting is subject to any prior interests—see Practice Note: Property that vests in the trustee in bankruptcy on bankruptcy and how the trustee in bankruptcy ascertains the extent of their interest in it. Effect of insolvency on an interim charging

The sources of powers to appoint additional trustees are: • the Will or trust document, and • legislation (statutory powers) The Will may nominate a person to appoint trustees. However, if the Will or trust document contains no powers to appoint additional trustees, or the powers it contains are not wide enough, then it is necessary to look to the statutory powers available for trustees and the court to appoint additional trustees. The statutory power for a trustee of a Will to appoint an additional trustee is governed by Trustee Act 1925, s 36(1) (TA 1925). There is no such power under the STEP provisions. Under TA 1925, the power for a trustee to appoint an additional trustee applies in any of the

A notice is an entry in the register of title that protects the priority of a specific interest affecting the land in a registered title. The interests which can, and should, be protected by an application to register include estate contracts (eg contracts for sale, agreements for lease). A restriction indicates that the proprietor's powers of disposition are fettered in some way. Its effect is to prevent the

Section 106(1) of the Town and Country Planning Act 1990 (TCPA 1990) provides that any person interested in land in the area of a local planning authority may enter into an obligation, by agreement or otherwise, restricting the development or use of the land in any specified way. TCPA 1990, s 106, applies equally to a planning obligation by agreement or by unilateral undertaking. TCPA 1990, s 106(9) makes clear that a planning obligation may not be entered into

If a landlord and tenant agree to exclude or ‘contract out’ from the security of tenure provisions of sections 24–28 of the Landlord and Tenant Act 1954 (LTA 1954) the landlord must serve a ‘warning notice’ on the tenant, explaining that security of tenure will not apply. The tenant must sign a declaration (If the lease will be completed within 14 days after the landlord’s warning notice the tenant’s declaration must be sworn as a statutory declaration)

To claim an extended lease of a flat, the tenant must serve a tenant's notice of claim on the competent landlord or any

It is assumed that this involves a creditor who has successfully petitioned for the winding up of a company registered in England and Wales. The Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024 are clear that it is not the responsibility of the petitioning

This issue is likely to arise in two situations: • where a worker has already booked time off for annual leave but becomes ill before he is due to go on holiday and wishes to reschedule the holiday to another time, after he has recovered, instead, and • where a worker becomes ill during a period of holiday and wishes to cancel the holiday he could not 'take' as a result, and take it at a later date instead Legal position The ECJ has ruled that, under the Working Time Directive (from which the right to paid annual leave derives), where a worker is on sick leave for a period during which he would otherwise be on pre-arranged annual leave, and either is prevented from taking some of his annual leave entitlement as a result, or does not wish to take annual leave whilst sick, he must be permitted to take that unused portion of his annual leave

A written receipt by a legatee of an estate or a beneficiary of a trust is generally just an acknowledgement by the recipient that he or she has received the payment to which he or she was entitled. It is sensible for the personal representatives or trustees to have