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Question of the week: If an intermeddling executor makes an application under section 116(1) of the Senior Courts Act 1981, will this absolve them of any liability?
NEWS
This Q&A considers the effect of an application under section 116(1) of the Senior Courts Act 1981 brought by an intermeddling executor.
Question of the week: If executors are administering an estate where a property is being gifted to a specific beneficiary, what are the duties of the executor regarding the safeguarding and maintenance of the property?
NEWS
This Q&A considers the duties of executors when administering an estate in which a property is specifically gifted to a beneficiary, particularly in relation to safeguarding and maintaining that property.
Question of the week: If the sole trustee of a trust appoints an additional trustee to sell trust property, in order to overreach the beneficial interest in the property, do the beneficiaries of the trust have the right to receive information about the identity of the additional trustee?
NEWS
This Q&A considers whether a beneficiary of a trust has a right to receive information, on request, about the identity of the trustees.
Question of the week: If the trustees of a relevant property trust were to exercise their power of appointment in favour of the trustees of a disabled person's trust, would the trustees of the recipient trust be liable for periodic and exit charges to inheritance tax?
NEWS
This Q&A considers the inheritance tax implications of the transfer of property from a discretionary trust to a trust with a disabled person's interest within sections 89, 89A or 89B of the Inheritance Tax Act 1984.
Question of the week: If there is a gift of a property to three beneficiaries in a Will and between the three beneficiaries they agree that one of the beneficiaries will ‘buy out’ the other beneficiaries, who should be responsible for the costs associated with the transaction?
NEWS
This Q&A considers, if there is a gift of a property to three beneficiaries in a Will and between the three beneficiaries, they agree that one of the beneficiaries will ‘buy out’ the other beneficiaries, who should be responsible for the costs associated with the transaction.
Question of the week: If there is a gift of ‘personal possessions’ in a Will as defined by the Inheritance and Trustees Powers Act 2014, will a narrow boat fall under this description? Is there any case law or guidance?
NEWS
This Q&A considers whether a narrow boat falls within the definition of ‘personal possessions' (or ‘personal chattels’) under the Inheritance and Trustees Powers Act 2014.
Question of the week: If we have concluded a complaint about fees and not upheld it and the client sends the complaint to the Legal Ombudsman does that preclude us from issuing proceedings for unpaid fees, or do we have to wait until the Ombudsman has made a finding?
NEWS
This Q&A is intended for law firms. It considers the interplay between the Legal Ombudsman scheme and court proceedings for recovery of unpaid costs.
Question of the week: In 2006, the deceased’s husband established a nil rate band trust (NRB) in his Will funded with a loan note from his wife in the amount of £285k. The only documentation for this arrangement was a loan note and the trust was not registered with the Trust Registration Service (TRS). The deceased's children wish to have the trustees appoint this to their own children. Do charges under the relevant property regime apply to the trust? Should the trustees retrospectively register the NRB trust with the TRS and report to HMRC?
NEWS
This Q&A considers whether charges under the relevant property regime applies to a nil rate band trust. It also considers whether trustees should register the trust with the Trust Registration Service and report to HMRC.
Question of the week: In a non-contentious application to the Court of Protection to make gifts from the protected party's estate, how can a litigation friend be appointed without the need to involve the Official Solicitor?
NEWS
This Q&A considers how, in a non-contentious application to the Court of Protection to make gifts from the protected party’s estate, a litigation friend can be appointed without the need to involve the Official Solicitor.
Question of the week: In circumstances where a caveator has entered and maintained a caveat, a warning has been issued and an appearance entered, and the caveator thereafter consents to withdraw the caveat to enable a grant to issue but disputes liability for costs on the basis that no formal probate proceedings were commenced, what is the legal basis upon which the warning party may seek an order for costs, and by what procedural mechanism should such relief be pursued?
NEWS
This Q&A considers whether personal representatives can apply for a costs order against a caveator, where no probate claim is ultimately made by the caveator.
Question of the week: In order for the downsizing addition to apply in a claim for the residence nil rate band, are there any conditions about where the deceased should have lived and with whom after they sold the qualifying former residential interest and downsized?
NEWS
This Q&A considers whether there are any restrictions on where the deceased lived after downsizing in order for a successful claim to be made for the residence nil rate band relying on the downsizing provisions.
Question of the week: In the context of a claim under the Inheritance (Provision for Family and Dependants) Act 1975, if the three children of the deceased are residuary beneficiaries (which includes the entire net estate), if one adult child brings a family provision claim, are they likely to be successful given that the Will provides for them to be treated equally with the other children?
NEWS
This Q&A considers whether, in the context of a claim under the Inheritance (Provision for Family and Dependants) Act 1975, if the 3 children of the Deceased are residuary beneficiaries (which includes the entire net estate), if one adult child brings a family provision claim, are they likely to be successful given that the Will provides for them to be treated equally with the other children.