A variation of dispositions under a Will, whether or not intended to be ‘read back’ for inheritance tax purposes under section 142 of the Inheritance Tax Act 1984 (IHTA 1984), can only take effect so far as those whose interest is being varied have participated in the agreement. In this instance, the parties who are varying the distribution

It is assumed for the purposes of this response that the testator had not sold the car prior to his death and that it is proposed to be sold by the executors of the testator. A gift of proceeds of sale The gift of the proceeds of sale of a specific asset is a specific gift. As the car remains unsold, the first thing to note is that it would be open to the beneficiary to say that he would prefer to take the car itself. In that event the executors could transfer it to him, having first removed the personalised number plates which are gifted to a third party. If that were done,

The traditional method of leaving gifts to a charity to promote its services is either by a specific gift to the charity, in which case it will be used for their general purposes, or to the charity for a specific use that falls within their objects. As long as the charity is indeed charitable in its operations, it is axiomatic that any activity carried out by that charity must also be charitable as long as: it fits within their objects and within the definition of charitable purposes set out in section 3(1) of the Charities Act 2011 (CA 2011), and is for the benefit of the public. It therefore follows that any gift intended to promote a purpose that is not charitable will likely fail as

A life tenant under a life interest trust is entitled to the income of the life interest trust as it arises, or the enjoyment of the trust’s assets, for example occupation of property. The life tenant is not entitled to capital held for the beneficiaries in remainder on the termination of the life interest. See Practice Notes: Creation of trusts—life interest trusts and Contents of Wills—Will trusts. As a starting point, the rights and obligations of any beneficiaries under the trust will be determined by the terms of the trust (in

This assumes there are no specific provisions in the Will as to the order in which assets should be applied to pay debts, and also that the mortgage debt does not exceed the value of the property itself. The starting point is that all of the deceased’s debts must be paid before the estate can be distributed, and (subject to anything in the Will) those debts must be paid first from residue (section 34(3) of the Administration

The balance of a director's loan account is a debt and chose in action; as such it is property that is capable

The effectiveness of the clause appointing executors will depend on the precise wording used in the testator's Will and the particular circumstances of the successor incorporated firm. However, where the Will specifies that the appointment relates to the partners as at the date of the testator's death, it seems unlikely that individuals who were not members of the successor limited liability partnership (LLP) as at the date of death would be included. As a general rule, where the firm has become an LLP between the making of the Will and the testator's death the appointment of the partners in it may still be effective. In Re Rogers

For information on how the nil rate band (NRB) is applied to an individual’s estate, see: Trusts—inheritance tax—overview and Estates—inheritance tax, in particular Practice Notes: IHT—the charge on death and IHT—nil rate band (NRB) and transferable NRB. For guidance on the tax treatment of age 18–25 trusts, see Practice Note: Taxation of age 18–25 trusts—IHT. As set out in these Practice Notes, the creation of an age 18–25 trust will be a chargeable transfer on the deceased's death (see: section 71D of the Inheritance Tax Act 1984 (IHTA 1984)). If the trust continues beyond the beneficiary attaining the age of 18, there will be a charge to IHT (an exit charge) on certain events (note that age 18–25 trusts are not liable to ten-year

The precise terms of the Will may have an impact on the position, but generally speaking, a right to occupy property would be an interest in possession, following the principle in Pearson v IRC that a present right to the present enjoyment of property is an interest in possession in that property. It is irrelevant whether the interest in possession is granted for life or for a fixed period or until a specified contingency occurs, but if the defined period expires, the express interest in possession would cease. If a Will creates an interest in possession then that interest would be an immediate post death interest, or 'IPDI' (assuming that all the conditions in section 49A of the Inheritance Tax Act 1984 (IHTA 1984) are met), and therefore IHTA 1984, s 49 would apply. IHTA 1984, s 49

As set out in Practice Note: Neonatal care leave and pay, under the Neonatal Care Leave and Miscellaneous Amendments Regulations 2025, SI 2025/375, reg 2 and the Statutory Neonatal Care Pay (General) Regulations 2025, SI 2025/376, reg 2, the rights to statutory

A notice served by a bailee to a bailor under Part I of Schedule 1 to the Torts (Interference with Goods) Act 1977 (T(IG)A 1977) imposes an obligation upon the bailor to take delivery of the goods. Such a notice may be issued where T(IG)A 1977, s 12(1) applies, ie where, subject to the terms of the bailment, the goods are in the bailee’s possession or under their control and: • the bailor is in breach of an obligation to take delivery or, if the terms of the bailment so provide, to give directions as to their delivery • the bailee

Stop press: the issue of when an administrator can request a receiver to vacate office under the Insolvency Act 1986, Schedule B1, para 41(2) was subsequently considered in the case Promontoria (Chestnut) Limited v Craig [2017] EWHC 2405 (Ch). For further details see News Analysis: Administrators’ decision to remove receivers was unreasonable (Promontoria (Chestnut) Ltd v Craig and another) and Practice Note: Lifting the administration moratorium—appointment of fixed charge receiver. An administrator appointed subsequent to the receiver may require the receiver to vacate office. The administrator will pay the receiver's remuneration and expenses at this stage out of the assets of the company. Alternatively, the receiver may call upon any contractual