Joint owners of land hold the property on trust, which essentially separates the legal interest from the beneficial interest. Under the Law of Property Act 1925, the owners may only hold the legal estate as joint tenants, whereas they may either hold the beneficial interest as joint tenants or as tenants in common. Where the property is held beneficially by two or more persons as tenants in common, the deceased’s beneficial interest will devolve to their personal representatives (PRs), which they will be obliged to apply towards settling the deceased’s debts. This may necessitate the sale or remortgage of the property, ideally with the co-operation of the surviving owner(s). Any residue after the payment of the deceased’s liabilities and estate administration expenses will pass to the beneficiaries.

Where the deceased held land with one or more other persons jointly (unless related property rules prevent its application or where the co-owner is the deceased's spouse or civil partner), a discount may be applied to the deceased's share to reflect the difficulty (or impossibility) of selling a part interest in land. In England and Wales the level of discount which will generally be applied by HMRC when valuing an undivided half-share interest in real property is set out at VOA IHT Manual Section 18 and

Where, during the employee’s ordinary or additional maternity leave, it is not practicable by reason of redundancy for the employer to continue to employ the employee under her existing contract of employment, then under the Maternity and Parental Leave etc Regulations 1999 (MAPLE 1999), SI 1999/3312, reg 10 the employer must offer her any suitable alternative vacancy that exists either: • with the employer • the employer's successor, and/or • with any associated employer For detailed information

The requirements for a valid Will in accordance with Wills Act 1837, s 9  (as amended by the Administration of Justice Act 1982) are set out in the Lexis®PSL Practice Note: Validity of Wills—form of Will. In short, a Will may be in any form, provided: • it is in writing, and signed by the testator, or by some other person in his presence and by his direction • it appears that the testator intended by his signature to give effect to the Will • the signature is made or acknowledged by the testator in the presence of two or more witnesses present at the same time; and • each witness either: ◦ attests and signs the Will; or ◦ acknowledges his signature, in the presence of the testator (but not necessarily in the presence of any other

Items in a property Whether items left in a property form part of the land (and therefore formed part of the sale of the land) will depend on all the circumstances of the case. In Elitestone Ltd v Morris, the House of Lords considered the question of when an object on a piece of land will form a part of that land and will therefore pass with any disposal of the land. The House of Lords held that objects on a piece of land should be divided into one of three categories. They will be: • a chattel • a fixture • part and parcel of the land The House of Lords held that any object falling with the second or third categories (a fixture or part and parcel

The Communications Act 2003 (CA 2003) provides for a code (the Electronic Communications Code (the Code)) conferring rights on providers of electronic communications networks and the infrastructure for such networks. The Code was most recently updated with effect from December 2017 by virtue of the Digital Economy Act 2017 by the insertion into CA 2003, Sch 3A, Pt 1. The Code gives significant powers (Code rights) to such providers. These rights include the right to install electronic communications apparatus on, under or over land, to keep that apparatus on land, to inspect and maintain it, to carry out works on the land in connection with the installation of equipment, and to enter the land to inspect and maintain, to cut back vegetation,

The majority of dwellinghouses benefit from deemed planning permission (known as permitted development rights) to carry out works, such as the construction of a small porch, without the need to obtain express planning permission. Further information regarding permitted development rights can be found in Practice Notes: Permitted development in England and Permitted development in Wales. In both England and Wales, there are permitted development rights to construct a porch of a certain size, providing none of the exceptions are engaged. The right is contained in Class D, Part 1, Article 3, of Schedule 2 of the relevant permitted development Order for both England and Wales. In England the relevant Order is the Town and Country Planning (General Permitted Development)

This Q&A assumes that the query relates to a business-to-business commercial agreement. When considering drafting a termination notice, it is essential to check that: • there is a valid basis for terminating the agreement • where there are multiple grounds (or contractual clauses) for terminating, that you select the most appropriate basis • you consider whether the circumstances are such that there are both express contractual rights and

It is not stated within this question the structure of the charity in question, and you may need to refer to specific rules in relation to the exact structure of the charity. As such we have set out our general information below which we hope you will find useful in your further research. For background information you may wish to refer to our subtopic Charity and not-for-profit. Trading subsidiary For the purposes of this response we have treated the SPV in your question as a trading subsidiary. According to the Charity Commission 'A ‘trading subsidiary’ is a company, owned and controlled by one or more charities, set up in order to trade. The purpose

Section 60 Taxation of Chargeable Gains Act 1992 (TCGA 1992) provides that there is no CGT disposal on a transfer of assets to a mere nominee. A transfer to a nominee is a transfer of legal title only and a nominee is not treated for capital gains tax purposes as if they were a separate chargeable person. If the trusts are for the sole benefit of

The Land Registration Act 2002 (LRA 2002) specifies what dispositions are required to be registered in LRA 2002, s 27(2). A transfer of registered land is the first defined disposition (LRA 2002, s 27(2)(a)). The change in the proportion of the share of

Stamp duty land tax (SDLT) group relief can be claimed where: • a land transaction is entered into between two bodies corporate that are, at the effective date of the transaction, members of the same group • the anti-avoidance provisions do not apply to bar relief, and • SDLT group relief is claimed on the relevant land transaction return For