The beneficial ownership of property in England and Wales can be held as joint tenants (where both parties own the whole, and on the death of one, by virtue of the doctrine of survivorship, the other becomes the sole owner without the interest of the deceased falling into their estate) or as tenants in common, where each has a defined share, which, in theory, they can seek to dispose of as they wish. However, where property is held as beneficial tenants in common, the title will usually contain a restriction preventing the registration of any disposition for money or moneys’ worth without an order of the court (a

In so far as the husband has missed paying spousal maintenance to the wife, she should take enforcement action pursuant to Part 33 of the Family Procedure Rules 2010, SI 2010/2955 (SI 2010/2955, Pt 33). Under FPR 2010, SI 2010/2955, Pt 33.2, the wife may either specify the remedy sought or to leave it to the court’s discretion; for example, a judgment summons may be sought or an attachment against earnings. It is not possible to register a charge against the husband’s charge which, one assumes, is secured against the wife’s own property. Naturally, if the husband had property of

It has been assumed that there is no mortgage on the property being sold and no mortgage required for the purchase of the smaller property. This response also only deals with the question of beneficial ownership of the land (and not the legal ownership). On a sale and purchase of trust property, the trustees will need to have regard to a number of factors, as detailed in Practice Notes: Administration of trusts—trustee decision making and . Provided that the trustees have properly considered all the relevant issues (including whether they have the necessary powers), they should record their decisions

The assumption is that the land in question is residential freehold property in England or Wales and that there is no tax avoidance. SDLT treatment of the first 40% transaction As explained in Practice Note: Land transactions, chargeable interests and chargeable transactions, a land transaction where there is no chargeable consideration (for which see Practice Note: SDLT chargeable consideration) is exempt from SDLT (known as an exempt transaction). In the alternative, as set out in Practice Note: SDLT—transfers by Will or on intestacy, an acquisition of a chargeable interest in land in or towards satisfaction of a person’s entitlement: • under a will: ◦ by way of an assent (ie pursuant to a specific devise), or ◦ by way of an appropriation (ie in substitution

Data protection implications The company, as controller of the customer’s personal data, must comply with its obligations under the Data Protection Act 1998 (DPA 1998) (prior to 25 May 2018) and the General Data Protection Regulation, Regulation (EU) 2016/679 (the GDPR) (from the 25 May 2018). The definitions of personal data under both DPA 1998 and the GDPR are wide and may include information such as the customer’s email address. Where a data controller has failed to comply with its data protection obligations, it can give rise to a claim for compensation under DPA 1998, s 10 or Article 82 of the GDPR/Clause 166 of the Data Protection Bill (which is currently before Parliament). In this case, relevant obligations with which the controller must

We have assumed that A is an individual. The higher rates will apply to the purchase of a major interest in a single dwelling by an individual, if, at the end of the day of purchase, Conditions A–D are met: • Condition A—the chargeable consideration is £40,000 or more • Condition B—the dwelling is not subject to a lease which has more than 21 years to run on the date of purchase • Condition C—the purchaser owns a major interest

See Practice Note: Easements—can I add to the dominant land? Generally, the benefit of an easement will not extend to any land subsequently added or tacked on to the dominant land and therefore, an easement cannot be used to access land

In this Q&A the dominant land, ie the land with the benefit of the right of way is that demised to the tenant. The grant is to the freehold owner but it post-dates the lease. At the time the lease was granted, no right of way existed and so the tenant could not, whether expressly or impliedly, take the benefit of it. Had the right of way been in existence at the date of the grant of the lease, then under section 62(1) or (2) of the Law of Property Act 1925 (LPA 1925) the lease, which

Administrator's roles and duties The administrator’s roles and functions are set out in paragraph 3 of Schedule B1 of the Insolvency Act 1986 (IA 1986). The administrator acts for all creditors, not just the entity that appointed them. They are an officer of the court, whether appointed by the court or otherwise, and therefore have to comply with the duty applicable to officers of the court and act honourably and fairly. For more guidance on the duties and powers of an administrator, see Practice Note: Roles, powers, functions and duties of an administrator and Commentary: General duties of the administrator: Tolley’s Insolvency Law Service [A5221]. Hire

In this Q&A, we have assumed that B’s claim is smaller than A’s. Legal process against the company Under paragraph 43(2) of Schedule B1 to the Insolvency Act 1986 (IA 1986), a moratorium provides that no legal process (which includes legal proceedings, execution, distress and diligence) may be commenced or continued against the company or its property without the consent of the administrator, or the permission of the court. This is sufficiently broad to cover any remaining actions and steps that might be taken against the company or its property. This means that B can only bring an action against A with the permission of the administrator or the court. The purpose of the moratorium (and interim moratorium) is to protect the company and its assets from creditor action during the period of the company's administration (and the pre-appointment period). The moratorium prohibits any steps, actions and processes from being commenced or continued with against the company and

Mental incapacity of executor Mental capacity is a ground upon which an executor can be excluded from probate (see Evans v Tyler (1849) 163 ER 1266 at para [131] (not reported on LexisNexis®). The general position regarding an incapacitated sole executor is now dealt with in the Non-Contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024, r 35. Under NCPR 1987, SI 1987/2024, the usual practice is for the district judge or registrar to make a grant of administration (previously called a ‘durante dementia’) for the use and benefit of A until further representation be granted or in such other way as the district judge or registrar may direct. See also NCPR 1987, SI 1987/2024, r

Landlord and Tenant Act 1985, s 18 (LTA 1985) defines a service charge as 'an amount payable by a tenant of a [dwelling] as part of or in addition to the rent— • which is payable, directly or indirectly, for services, repairs, maintenance, improvements or insurance or the landlord's costs of management, and • the whole or part of which varies or may vary according to the relevant costs.' LTA 1985, s 30 provides that a landlord means