This Q&A considers whether a testamentary gift of property and money can be interpreted as encompassing any residuary estate, or whether the omission of an express gift of residue results in a partial intestacy.

This Q&A considers whether, in circumstances where a property is held as tenants in common by A and B, and B holds capacity but wishes for A to act for them under a property and financial affairs lasting power of attorney whereby A is the sole appointed attorney, the appointment of a second trustee would be an acceptable form of disposition and a valid receipt clause to overreach the form A restriction.

This Q&A considers whether a Will can be drafted to include a legacy of business property which may be, or become, eligible for BPR at a rate of less than 100% or where BPR is, or may become restricted due to excepted assets or non qualifying subsidiary companies in a trading group.

This Q&A considers the situation where an executor, A died before completing the administration of the deceased’s estate and discusses whether the chain of representation would allow B, whom A had appointed as executor for their estate, to administer the deceased’s estate.

This Q&A considers recent amendments introducing mandatory AEOI registration for certain trusts. It asks whether registration is required in cases such as: (i)Trusts with a corporate trustee but less than 50% investment income (ii) Trustee-documented trusts without 50% DFM-managed investments and (iii)Trusts with lay trustees holding private company shares with substantial dividends.

This Q&A consider whether if, an individual (A) owns a commercial property which is let to a third party. A settles a 90% share of it on himself for his lifetime and thereafter for his adult children absolutely in remainder. He retains the remaining 10% share outright. Do the gift with reservation of benefit rules apply. It also considers whether the pre-owned assets tax rules would apply if the property is ever sold.

This Q&A considers whether an individual, who makes a gift to her children of a two thirds share of an undivided interest in property, retaining a one third share, and occupies it for a few weeks each year, must pay market rent to avoid a gift with reservation of benefit (GROB).

This Q&A considers whether, if an interim distribution was made from a deceased's estate to A (30%), B (30%), and C (30%), and D (10%). A, B, and C now wish to keep the deceased's house, which may involve repayment of some or all of the interim distribution. B also wants to buy out C at the same time. A is the trustee of a discretionary trust. D consents to the proposal. What are the SDLT implications of the proposal and if there are any other tax consequences.

This Q&A considers, if an intestate estate is being divided between two sisters, X and Y. X does not have capacity and has appointed attorneys under a lasting power of attorney (LPA). Y wishes to buy X's share of the property. Is this permitted and if so, what steps must X's attorneys take to allow the sale to proceed.

This Q&A considers whether sanctioned persons are entitled to receive interest on sums owed to them that accrue during the period in which they are sanctioned and if the sanctions affect the statute of limitations.

This Q&A considers whether sanctioned persons are entitled to receive interest on sums owed to them that accrue during the period in which they are sanctioned and if the sanctions affect the statute of limitations.

This Q&A considers how and when trust income becomes accumulated and capital in nature as a matter of trust law and tax law.