We have assumed that we should consider this from a trust law perspective. We note that there has been the retirement of two trustees but no appointment of trustee(s) and that there is a continuing trustee. It is a duty of the trustee(s) to ascertain and take control of the trust property and to ensure its preservation. Trust property should be in the name of the current trustee(s). See Practice Note: Trustees—duties, in particular section: Trust property. Taking control of the trust property and ensuring

Business property relief from inheritance tax may apply, by virtue of section 105 of the Inheritance Tax Act 1984 (IHTA 1984), to an interest in a partnership. IHTA 1984, s 105(1) provides: ‘…(1) Subject to the following provisions of this section and to sections 106, 108, 112(3) and 113 below, in this Chapter “relevant business property” means, in relation to any transfer of value,— (a) property consisting of a business or interest in a business (b)... (c)...’ IHTA 1984, s 116 provides that agricultural

The answer to this Q&A will depend on the law governing the trust. Given that the assets are held on bare trust, there may not be an express trust document. If there is any trust documentation this should be reviewed as to any provision stating the governing law of the trust (and any other relevant provisions). Subject to some limitations, as a matter of English law a settlor is free to choose any governing law which recognises

Under sections 1(1), 1(2) and 1(3) of the Access to Neighbouring Land Act 1992 (ANLA 1992), a landowner can obtain access to his neighbour’s land by applying for an ‘access order’. The court can only make the order if it is satisfied: • that the works are reasonably necessary for the preservation of the whole or any part of the dominant land; and • that they cannot be carried out, or would be substantially more difficult to carry out, without entry upon the servient land—but no order will be made where it would cause unreasonable disturbance or hardship to the servient owner In this context, ‘preservation of the dominant land’ includes the treatment, cutting back, felling, removal or replacement of any hedge,

It appears that there is no trust instrument in this case, so that there is no express power of appointment of trustees which can be exercised to replace the two trustees. Unless the two trustees are agreeable or wish to retire as trustees, the statutory power of appointing trustees in section 36 of the Trustee Act 1925 (TA 1925) may also not assist. TA 1925, s 36(1) gives a power to appoint a trustee in place of an 'unfit' trustee. The convictions of the two trustees may make them 'unfit' to act as trustees, as required by TA 1925, s 36(1),

The appointment of replacement attorneys has been an area of confusion and the Office of the Public Guardian (OPG) sought to reduce confusion in this area by clarifying the rules and guidance on replacement attorneys in the 2015 prescribed lasting power of attorney (LPA) forms. The OPG’s guide: LP12: Make and register your lasting power of attorney (see section A4) can now be summarised as follows: • if the donor names more than one replacement

Q&A: What is the best approach for updating an existing B2B contract? notes that the parties should consider various aspects when deciding whether variation or termination is more suitable to update the contract, including: • the provisions for variation, change control and termination within the existing contract • the parties’ resource and appetite for pursuing either of these options In terms of negotiating the proposed amendments to the contract or highlighting which provisions it is suggested will be changing in the new relationship, options include: • opening up ‘in principle’ discussions • setting out a detailed narrative of the proposed amendments • if a variation has been chosen as the preferred method, preparing the proposed variation agreement or deed • if termination and

The General Data Protection Regulation (GDPR), Regulation (EU) 2016/679 will be applicable from 25 May 2018. The UK Parliament is currently considering a Bill including details of certain specific permitted national derogations under the GDPR that it plans to implement. For more information, see Practice Notes: The Data Protection Act 2018, The General Data Protection Regulation (GDPR) and The GDPR and DPA 2018: key data protection issues for employment lawyers. What is appropriate will depend on the nature of the processing and other circumstances. We do not have any guidance which addresses the specific issue you raised relating to treatment of employee email addresses. However, the following outline of the general regime applicable to personal data sharing may be useful to your considerations. Processors and controllers In a similar manner to preceding EU data protection laws, the GDPR distinguishes

The role, powers and duties of an appointed administrator are set out in the Insolvency Act 1986 (IA 1986) and the Insolvency (England and Wales Rules 2016 (IR 2016), SI 2016/1024. The administrator's powers are the same no matter how they are appointed. They are very wide as an administrator may do anything necessary or expedient for the management of the affairs, business and property of the company. Therefore, while there are specific powers set out under IA 1986, these are not exhaustive in light of the administrator's overall duty (IA 1986, Sch B1, paras 1(1), 59(1)). As well as the powers granted under IA 1986,

The regulation of consumer credit Regulation of consumer credit now sits with the Financial Conduct Authority (FCA). In consequence parts of the Consumer Credit Act 1974 (CCA 1974) were repealed from 1 April 2014 with regulated activities coming under the Financial Services and Markets Act 2000 (FSMA 2000) and the Financial Services and Markets Act 2000 (Regulated

At or towards the end of a case brought under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996), once the principle as to the parties’ beneficial ownership of a property has been determined, one or both of the parties may argue for an adjustment in respect of the sums each should receive from the net equity in order to reflect any unmatched contributions. This calculation is sometimes referred to as ‘equitable accounting’, and may take place regardless of whether a property is owned by parties as tenants in common or as joint tenants. The result of an equitable account may mean that despite the parties being declared, for example, tenants in common in equal

In the present case, the parties have taken the precaution of setting out their agreement by deed. It is assumed that the property is registered land and that the TR1 transferring the property to the co-owners confirmed that the parties 'hold the property on trust for themselves as tenants in common in equal shares'. The starting point and quite possibly the final destination, is to be found in Goodman v Gallant. In that case Mrs Goodman and her husband lived in a house held in his name. They separated and her husband subsequently conveyed the property to Mrs Goodman and her new partner, Mr Gallant. The conveyance expressed that they held it as beneficial joint tenants. A few years later, Mrs Goodman served notice of severance on Mr Gallant and later commenced proceedings seeking a declaration that she owned