This Q&A assumes that the appointment of the partners of the law firm as executors (alongside the testator's spouse) has been accepted and the partners only wish to disclaim the trusteeship of the ongoing Will trust(s). The formalities for the partners to disclaim the ongoing trusteeship will depend on the precise terms of the testator's Will. Depending on the wording used in the Will, it is usually the case that the appointment of partners of a law firm as executors and trustees refers to the partners as at the date of the

Can renouncing executors who are disclaiming their role as trustees also disclaim their power to appoint new trustees conferred by the Will? This Q&A concerns the issue of the appointment of new trustees when that power is conferred by the Will on executors who are intending to renounce their executorship and also disclaim as trustees. The factual position is that the Will appoints various persons as executors

Agricultural Property Relief Agricultural relief applies to agricultural property as defined in section 115(2) of the Inheritance Tax Act 1984 (IHTA 1984) and, as here, can be 100% if the relevant conditions are satisfied. See Practice Note: IHT—agricultural property relief and Gov UK Guidance: Agricultural relief for Inheritance Tax. The relief is given by reference to the agricultural

It is common for a Will which contains an appointment of the partners or members of a specified firm of solicitors to include provision that the appointment extends to the partners or members of a firm (or directors of a company) which succeeds to and carries on the practice of the specified firm at the date of the testator's death. Where the Will incorporates such wording then, if there is actually a successor firm, the partners in that firm will be appointed. The wording used in the Will is important because there may be a ‘successor firm or company’ provision, but the actual successor practice may not be covered by it, for example, because it is a company and the Will refers to a firm (which is an unincorporated body) or because the clause requires that

What would be the effect of the following example clause to appoint executors?: I appoint the partners [including salaried partners] in the firm of [name] [of [address] OR who practice at the office of the firm at [address] at the date of my death or the firm which at that date has succeeded to and carries on their practice to be the executors and trustees of this will and in the event of such firm being incorporated as either a limited company or a limited liability partnership at that time then I appoint the [directors and] shareholders to be the executors and trustees of this will

The Trust referred to is an interest in possession trust. The life tenant is entitled to live in the property for their lifetime and is obliged, under the terms of the trust to be responsible for all utility bills. The tenant for life is, of course, not obliged to live there but could live elsewhere and take the rents and profits from the property. Either way, they will be responsible for the payment of outgoings which should be paid out of income. There is no reference in the trust deed to the liability for repairs but assuming that the property was in good repair

It has been assumed that the Will appoints as trustees of the life interest trust the persons who are appointed as executors and prove the Will. The executors appointed in a Will have authority to act as executors from the date of death (unlike the administrators of an intestate estate, who only have authority from the date of the grant of representation). See Practice Note: Personal representatives—authority prior to grant of representation. A legatee named in a Will does not have a beneficial interest in any property within the estate until the end of the administration period or an earlier transfer of the beneficial interest in that property to the legatee. See Practice Note: Beneficiaries' rights and remedies. The trustees therefore do not have any right to receive

If a trust is a discretionary trust, the trustees have discretion as to how to apply capital and income. In particular, a discretionary trust allows the trustees to accumulate income and income of such trusts does not belong to any individual until it is distributed to a beneficiary at the discretion of the trustees. For further guidance,

The rights of X with respect to the property will depend on all the circumstances. In particular, whether X's occupation arises out of an interest in possession in the property, or a tenancy or licence to occupy, is likely to determine whether he can allow other individuals to live with him in the property. It is important to note that not having a right to income is not per se, decisive of the issue of whether X has an interest in possession in the property. In some cases, a right to reside can amount to an interest in possession. Right to reside as an interest in possession For information on the rights of a beneficiary under a trust of land,

This Q&A is limited to considering the definition of occupation and what may constitute occupation. The starting point in such cases is always the proper interpretation of the Will. The court will determine what the provisions setting out the gift and the conditions on which it determines mean to a reasonable person having all the background knowledge which would have been available at the time the Will was made—Marley v Rawlings, Brooke v Purton. Absent any particular guidance in the Will, the court may refer to past decisions which consider the concept of occupation, but those decisions would not be binding.

Errors in a Will It is likely that the map will be incorporated in the Will by reference and therefore form part of the Will. There are two relevant provisions dealing with mistakes in Wills: • section 21 of the Administration of Justice Act 1982 (AJA 1982)—evidence as to the interpretation of Wills • AJA 1982, s 20—rectification of Wills There are three further relevant points: • this Q&A assumes that the testator is dead. A Will cannot be amended after it has been signed and witnessed. If the testator were still alive, they could either revoke the Will and execute a new one or execute a codicil with a correct map • if all the beneficiaries are adults with full mental capacity, they could execute a deed of variation correcting the

The question acknowledges that there is a difference between the role of executor and the role of trustee. The function of the executor is to get in the estate and to clear it of debts, duties, and testamentary expenses. Once that has happened, the executor holds the net estate on trust for the persons who are entitled to it. If the Will contains a trust, then the trustees of that trust are the persons to whom the executor should then transfer the assets. In practice, it is normal for the executors to be appointed also as trustees of any trusts arising under the Will, in which case, the division between the two roles can become