There are a number of different forms for such a trust of chattels. Frequently, such a clause will include words which leave the chattels to the trustees as beneficial owners, with a request that they distribute them in accordance with any written wishes prepared by the testator before their death. In that case, the trustees can decide to disregard the terms of any memorandum of wishes and retain the items for themselves. If that is the case here, then the lack of a memorandum of wishes, would not render the legacy invalid. There would be no trust as such, because the trustees would receive the items beneficially. However, although there is strictly no trust, there would be a moral (not legal) obligation which creates a precatory trust and if the beneficiaries were to pass them on to another recipient in accordance with the wishes, they would

This Q&A assumes that the power of appropriation will be exercised by personal representatives and not trustees. By way of background, the process of appropriation is where a personal representative (PR) or a trustee uses a specific asset in the estate or trust fund, to meet in full or in part, a beneficiary’s entitlement or interest. What is appropriation? PRs have a power of appropriation under the common law over any part of the residuary estate (but not a fund) which may be exercised with the consent of the beneficiary, in or towards satisfaction of a vested legacy or a share of residue. This power allows PRs to deal with both real and personal property even if that property is subject to a trust for conversion. See Practice Note: Personal representatives and trustees—power of appropriation. The powers of appropriation given to PRs is set out in section 41 of the Administration of Estates Act 1925 (AEA 1925) and provides

If an interest in land is comprised in a person's estate immediately before his death and is sold by the appropriate person within the period of four years immediately following the date of the death, and the appropriate person so claims, then the value for the purposes of IHT of that interest is (subject to certain conditions) its sale value. See Practice Note: IHT exemptions and reliefs on death and lifetime gifts—Loss on sale of land. Overage rights typically involve the seller

Whether a house which has a holiday let condition attached is treated as being a dwelling within use class C3 (use as a private dwelling house), so that it benefits from permitted development rights attaching to buildings in C3 use, or short-term holiday accommodation constituting a sui generis use, is a matter of fact and degree. In England, C3 use is defined

Section 278 Agreements provide for the carrying out of work within the existing adopted highway, and usually provide the Local Highway Authority’s (LHA) approval for a developer’s contractor to carry out works at the developer’s cost to a specified programme and specification. Further information regarding Section 278 Agreements can be found in Practice Note: Highways—adoption agreements. The LHA’s power to enter into a Section 278 Agreement is contained within section 278(1) of the Highways Act 1980 which states that the LHA ‘may, if they are satisfied it will be of benefit to the public’ enter into a Section 278 Agreement. There is no guidance in the legislation as to how the LHA

Planning law distinguishes between the existing and the lawful use of land or buildings. For example, in the context of certificates of lawfulness of existing use or development, existing uses can be certified as lawful where it has been demonstrated that no enforcement action may then be taken in respect of them and that they do not constitute a contravention of any of the requirements of any enforcement notice. The existing use

To use any property for a licensable activity both planning and licensing need to be considered. Planning and licensing are entirely separate statutory regimes, and so consent (or deemed consent) is needed from both the licensing authority and the local planning authority for a licensable activity to be authorised. Licensing consent A Temporary Events Notice (TEN) is a type of licensing consent which can be granted for specific events in a premises on up to 12 occasions in any calendar year. This can include a TEN to extend opening hours for a use already licensed. Further information on Temporary Events Notices can be found within Practice Note: Temporary Event

It is unlikely that a court will prevent the development continuing based on any planning law principles. There might be a remedy in land law but we have not considered any such remedies for the purposes of this Q&A. Section 65 of the Town and Country Planning Act 1990 (TCPA 1990) provides for regulations to be made regarding ownership certificates to accompany planning applications. Those regulations were made in the form of the: • Town and Country Planning (Development Management Procedure) (England) Order 2015, SI 2015/595 which apply in England, and • the Town and Country Planning (Development Management Procedure) (Wales) Order 2012, SI 2012/801 which apply in Wales An ownership certificate is a certificate which forms part of a planning application, which applicants must complete. Where an applicant

This Q&A refers to a situation in which a matter has been transferred from one solicitor (Firm A) to another (Firm B) and Firm A has sent the matter papers to Firm B requesting an undertaking as to costs. Retaining liens General position A retaining or general lien attaches to all deeds, papers and other personal property of a client that come into a solicitor’s possession in their capacity as solicitor with the client’s consent. A retaining lien is restricted to costs due to a solicitor in respect of work done on a client’s instructions. A solicitor is entitled to retain a client’s property, in this case the matter file, until their costs are paid in full. The retaining lien was considered by the Supreme Court in Gavin Edmondson Solicitors Ltd v Haven Insurance Co Ltd: ‘2. Solicitors have, since time immemorial, been entitled to a common law retaining lien for payment of their costs and disbursements.

The Town and Country Planning (General Permitted Development) (England) Order 2015 (GPDO 2015), SI 2015/596 is a development order made under section 59 of the Town and Country Planning Act 1990. As such, and by SI 2015/596, art 3, planning permission is granted for the development described in SI 2015/596, Sch 2, subject to the qualifications in Article 3 itself, and the limitations and conditions in SI 2015/596, Sch 2. SI 2015/596, Sch 2 is divided into 20 Parts, each of which is divided into Classes. Several of these Classes of development are permitted subject to the condition that 'before beginning the development, the developer must apply to the local planning authority for a determination whether the prior approval of the authority will be required…'

Once the testator has died it is not possible to 'rewrite' the Will, however dispositions made under the will or on intestacy may be varied by an instrument in writing made at any time within two years of the deceased’s death. Tolley's Administration of Estates, G9.2 explains that: 'The term 'variation' is something of a misnomer. Of course a legatee cannot vary the will under which he benefits by rewriting it. Nor can the legatee redraft the laws on intestacy. What he can do, however, is to alter the effect of a will or the intestacy provisions by passing on to someone else any property

An interim charging order creates an immediate, albeit defeasible, charge over a judgment debtor’s property. The charge takes effect from the date of the interim order, not the final order, as the latter simply confirms the former – it does not create any new or distinct