Under Non-Contentious Probate Rules 1987, SI 1987/2024 (SI 1987/2024, r 31), a person entitled to a grant of probate or letters of administration may appoint an attorney to take a grant for his use and benefit. If he does, then any grant to that attorney will be limited until further administration be granted, or in such other way as the district judge or registrar may direct. There will need to be a formal power of attorney for this purpose. This is usually a power given for the express purpose of obtaining a grant but may be, in some circumstances and depending on its terms, a general power of attorney even if it was granted before the death of the deceased. It may be that the person entitled to a grant is incapable

We refer you to Practice Note: IHT—gifts with reservation of benefit, which provides a summary of the GROB regime under section 102 of the Finance Act 1986 (FA 1986), explaining when a disposal may be subject to a reservation of benefit, exceptions from the regime and how the GROB regime applies in practice. Given that the donor co-owns the property with the donees, the provisions of FA 1986, s 102B will be particularly relevant here. FA 1986, s 102B provides that a gift of an

Personal injury trusts are trusts which exist to allow an injured person to benefit from exemptions specifically available to injured people within the means tested benefits and care rules. Where funds which derive from an injury are placed into a trust, the funds within that trust are disregarded for the purposes of assessing the injured person’s entitlement to means tested benefits. The disregard also applies to local authority provision in a care home setting and to a large extent, local authority provision in a domiciliary setting. The two essential components for a valid personal injury trust are that a trust must be in existence and it must contain money which is paid as a result of a personal injury to the person claiming benefits or funding for care. For further guidance, see Commentary: 176 Introduction to personal injury trusts: Encyclopaedia of Forms and Precedents (40(3))

For personal injury compensation claims with a date of incident on or after 29 January 2007, Part 3 of the Health and Social Care (Community Health and Standards) Act 2003 (HSC(CHS)A 2003) applies. The HSC(CHS)A 2003 applies to all cases involving foreign nationals, foreign compensators where NHS treatment and/or ambulance services were provided to the injured person on their return to England, Scotland or Wales. HSC(CHS)A 2003, Pt 3 allows for the recovery of costs of providing treatment

The general rule under section 75 of the Town and Country Planning Act 1990 (TCPA 1990) is that planning permission runs with the land. However, this can be expressly excluded to create a ‘personal planning permission’ in exceptional circumstances. This is because TCPA 1990, s 75(1) provides that any grant of planning permission to develop land shall, except insofar as the permission provides, ensure for the benefit of the land and of all persons for the time being interested in it. A planning condition can make an exception to the normal consequence that permission runs with the land. What happens to the planning permission once the named individual vacates will depend on the

For the purposes of this Q&A, it is assumed that: • the leasehold property is an asset of the unadministered Estate • the primary obligation to pay the service charge lies with the Estate, and • the beneficiaries in occupation have a right to occupy the leasehold property While the Estate is being administered, the ownership in the deceased's unadministered assets lies in the personal representatives (PRs) for the purposes of administration. No beneficiary in the meantime, whether under the deceased's Will or intestacy has any proprietary interest in any particular asset comprised in the unadministered Estate. See Practice Note: Beneficiaries' rights and remedies. PRs have extensive powers to administer the deceased’s Estate. The Administration of Estates Act 1925 (AEA 1925) states that PRs must: • collect and get in the deceased’s Estate • administer it according to the law and with due diligence Executors

In order to satisfy the court that decree nisi should be granted, service of the application for a matrimonial order must be proved. Generally, service may be proved by production of the acknowledgement of service in divorce proceedings. Where the respondent fails to return the acknowledgment of service or file any documentation, the petitioner must prove service. The petitioner may opt to arrange for personal service of the petition on the respondent and co-respondent. If the respondent does not file an acknowledgment of service following personal service, the person who served the application must file a certificate of service stating the date and time of personal service. The certificate of service should be in Form FP6. If an application

A prayer for a financial order contained in a petition/application for divorce/dissolution is treated as an application for financial relief for the purposes of section 28(3) of the Matrimonial Causes Act 1973 (MCA 1973) or paragraph 48 of Schedule 5 Part 10 to the Civil Partnership Act 2004 (CPA 2004) (see Jackson v Jackson). Accordingly, to preserve claims of a capital nature it is not necessary to also have issued an application in Form A prior to remarriage or entering into a new civil partnership, although it is good practice to

The rules governing service of a divorce petition within the jurisdiction are contained in Part 6 of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 (FPR 2010, SI 2010/2955, Pt 6) and the supporting FPR 2010, PD 6A and PD 6C. The rules governing service outside the jurisdiction are contained in chapter 4 of the FPR 2010, SI 2010/2955, 6.40–6.48. Where a petitioner wishes to serve a petition within the jurisdiction and the present address or whereabouts of the respondent is not known, the petitioner must make full enquiries of relatives, friends, neighbours, former employers and any other person or association who may have some information

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. The Practice Direction on Insolvency Proceedings (PD) came into force on 29 July 2014, and replaced all previous practice directions (including that which came into force on 23 February 2012 ), practice statements and practice notes and applies to all insolvency proceedings. The PD does not, however, affect the Practice Direction relating to contributories’ winding-up petitions (Practice Direction 49B—Order under Section 127 of the Insolvency Act 1986). For further reading, see Practice Note: Practice Direction on Insolvency Proceedings. Paragraph 14.3 of the PD provides that a petitioning creditor shall—before

According to section 106A of the Town and Country Planning Act 1990 (TCPA 1990), a section 106 obligation, whether the obligation was entered into by unilateral undertaking or a bilateral agreement, can only be varied by a deed of variation involving both the enforcing local planning authority (LPA) and the person against which the original section 106 obligation can be enforced or, after a certain period has elapsed, by an application to the planning authority. The person against whom the original agreement can be enforced may or may not include the landowner who signed the section 106 agreement, who would be an original party. TCPA 1990, s 106(4) allows the original party to be freed from liability under

The Council Directive 92/43/EEC 21 May 1992 (Habitats Directive) seeks to protect European sites from damage by plans or projects affecting those sites. The provisions of the Habitats Directive have been transposed into domestic legislation in the Conservation of Habitats and Species Regulations 2017 (CHSR 2017), SI 2017/1012. CHSR 2017, SI 2017/1012, reg 63 provides that a competent authority (including a local planning authority (LPA)), before deciding to give permission for a plan or project which is likely to have a significant effect on a European site (for example a Special Area of Conservation), must make an appropriate assessment of the implications of the plan or project for that site in view of the site’s conservation objective. CHSR 2017, SI 2017/1012,