The transfer of the property by the trustees to the beneficiary would be a land transaction for the purposes of stamp duty land tax (SDLT). The issue is whether the acceptance of a charge as a condition for the transfer is consideration for SDLT. The acceptance of a charge would be money’s worth and so is chargeable

When considering the following issues, the following resources may be of assistance: • the insurance bond pays out on the death of D’s two children and therefore is life assurance policy on the children’s lives. There will be no chargeable event on D’s death • to determine the correct tax treatment, it will be important to consider whether the insurance bond is written into trust

A legal charge on a registered title is a registrable disposition and must be effected by deed. Pending registration and the entry of the relevant entries on the register, the deed will confer only an equitable interest. Section 25 of the Land Registration Act 2002 (LRA 2002) provides that a registrable disposition of a registered estate or charge has effect only if it complies with the rules as to form and content. Where it is necessary to vary a registered charge (for example to correct a mistake in a deed that has already been registered) that variation must be achieved by means of a further registrable deed, which must comply with the requirements of the Land Registration

The order of priority of entitlement to the grant follows the order of entitlement to an intestate’s estate set out in the Non-Contentious Probate Rules 1987, SI 1987/2024, r 2, which is as follows: • the deceased’s spouse or civil partner • the children of the deceased and the issue of any child who died in the deceased’s lifetime • the parents of the deceased • brothers and sisters of the whole blood and the issue of any who died before the deceased • brothers

Case study Property is held by a married couple as joint tenants who want to transfer a 50% interest to the wife’s sister as the property was bought indirectly with funds from the wife’s parents. From an inheritance tax perspective, a number of issues arise. If the parents are able to establish a beneficial interest (which is unlikely), that interest will form part of their estate and will be taxed accordingly.

The word ‘dwelling’ is defined in numerous different pieces of legislation. For example, section 60 of the Landlord and Tenant Act 1987 (LTA 1987) defines ‘dwelling’ as follows: '“dwelling” means a building or part of a building occupied or intended to be occupied as a separate dwelling, together with any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it;' However, such definitions are very much specific to their particular statutory contexts. The meaning of a particular covenant in a particular lease will always need to be construed on the basis of the particular language used and the particular context of that lease. There is, nevertheless, case law which is of assistance in understanding what is meant by a covenant not to use

Section 42 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) in regard to the tenants notice, states that: '(5) The date specified in the tenant's notice

Where a compensatory payment for loss of office or employment is made in circumstances where: • the payment is not taxable as: ◦ earnings under section 62 of the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003) (for more information, see Practice Note: Termination payments taxed as earnings) ◦ benefits-in-kind (for more information, see Practice Note: How employment income is taxed—non-cash earnings or benefits) ◦ benefits from an employer-financed retirement benefits scheme ((for more information, see: Employer-financed retirement benefits scheme: Tolley’s Income Tax 2018–19 [56.35]–[56.39]) ◦ employment-related securities (for more information, see: Employment-related securities—overview) ◦ disguised remuneration, if the payments or benefits on termination are provided by a third party (such as an employee benefit trust) rather than the employer itself (for more information, see: Disguised remuneration and EBTs—overview), or ◦ restrictive undertakings (Practice Note: Taxation of payments for restrictive covenants or undertakings), and • for terminations for

The Department of Health guidance: Maintaining high professional standards in the modern NHS (MHPS) is now archived, and available on The National Archives website. The NHS Resolution website refers to interim guidance: Maintaining high professional standards in the modern NHS for NHS organisations managing concerns during the coronavirus (COVID-19) outbreak. The MHPS guidance is outside the scope of Lexis®+ UK Employment. However, you may find useful the ‘Key changes’ section of the MHPS guidance, which states that ‘the distinction between personal and professional

Procedure for determining liability for contaminated land under Part IIA of the EPA 1990 Enforcing authorities responsible for determining liability for the remediation of contaminated land under the Environmental Protection Act 1990 (EPA 1990), Pt IIA should follow the complex five-step procedure in the statutory guidance on contaminated land. In England, the relevant statutory guidance is the Defra contaminated land statutory guidance, dated April 2012. See Practice Note: Contaminated land—process for determining liability. Step four in the procedure requires the enforcing authority to determine whether any members of a liability group should be excluded from liability. Importantly, an ‘appropriate person’ cannot be excluded from a liability group if they are the only person in that group. Similarly, where there are two or more appropriate persons not all of them can be excluded from a liability group. Different exclusion tests apply to Class A (causer

The Immigration Rules covering settlement for a main applicant in the route are found in Immigration Rules, Appendix Skilled Worker, paras SW 19.1-SW 27.2. Para SW 19.3 (validity requirement) states that the applicant 'must have, or have last been granted, permission as a Skilled Worker'. Para SW 21.2 states that ‘The applicant must have spent a continuous period of 5 years in the UK’, while para SW 21.2 provides that: ‘The 5-year continuous period must consist of time with permission on any of, or any combination of, the following routes: (a) Skilled Worker […]’ There is a difference between the term ‘as a Skilled Worker’ in para SW 19.3, which would presumably be construed as a main applicant only, and the term ‘on the route’ in para SW 21.2. It

As detailed in Practice Note: Applying to naturalise as a British citizen: eligibility, an applicant for naturalisation as a British citizen must meet certain residence requirements. These differ depending on whether or not the applicant has a spouse/civil partner who is a British citizen. However, all applicants must (subject to the possibility