The order of priority for a grant where the deceased person leaves a Will (even if the Will results in a partial intestacy) is that laid down by the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987), r 20. The executor has priority under NCPR 1987, r 20(a), but if the executor renounces or is passed over, the next persons entitled are those holding a share of the residuary estate on trust under the Will under NCPR 1987, r 20(b). If there is no residuary gift held in trust under

We are not aware of a specific authority which provides that the creation of a scheme to appoint a trustee by the Charity Commission will act as a vesting order. In many cases, the trustees or those responsible for appointing new trustees will have the power to do so through the provisions of the governing document. If this is not the case, there may be powers of amendment available to the trustees to change the governing document to allow them to appoint. Where neither of these powers is available,

Title to equipment We assume you are referring to a simple supply of services contract on a business to business basis that is not specifically regulated. There is no default ‘legal’ position as to what happens to equipment upon termination of a services contract; it will depend upon who has title to the equipment in question and what the contract

As stated by North J, in the case Re Lowe, Danily v Platt (1892) 61 LJ Ch 415 (not reported by LexisNexis®): 'I do not see how I can avoid holding that where, in a gift to “children”, there being both legitimate and illegitimate children, there is an exception of one of the illegitimate children, the word “children” is intended to include both classes.' When interpreting a contract, the court is concerned to find the intention of the party or parties, and it does this by identifying the meaning of the relevant words (Marley v Rawlings), in the light of: • the natural and ordinary meaning of those words • the overall purpose of the document • any other provisions of the document • the

As set out in Pearson v Inland Revenue Commissioners, a person has an interest in possession when they have a present right of present enjoyment or an immediate right to the income or enjoyment of property. In determining whether an interest in

Rights and duties of a trustee in relation to expenses incurred in transferring trust property to a beneficiary A trustee is under a duty to distribute the trust assets to the correct beneficiaries in the execution of the trust, which includes transferring the legal ownership of the trust assets to the beneficiaries. Any failure to distribute to the correct beneficiary can subject the trustees to liability for breach of trust. The Trustee Act 2000, s 31 provides that trustees then have a right to be indemnified from the trust fund in respect

We have assumed that Parties A and B are individuals and not businesses. Establishing a contract In the simplest terms, the key requirements for the formation of a contract are for an offer to be made, that offer must have been accepted, valuable consideration must have been given for the promises being made, and the parties must intend to enter into a legal relationship with one another. Contracts made orally are known as ‘simple contracts’, in which the agreement between the parties is a question of fact, determined by extrinsic evidence. In this situation, the verbal agreement must fulfil the key requirements for the formation of a contract in order to establish whether there is a breach for non-payment and the various remedies (including bailment) for the outstanding fees. Further information on the formation of a contract an be found

Notice to quit of whole There are common law and statutory restrictions on service of a notice to quit of whole. Any notice served under the Agricultural Holdings Act 1986 (AHA 1986) must, at the bare minimum, comply with the common law requirements in relation to notices to quit, save as modified by the tenancy agreement. However, any requirement (common law or contractual) may be overridden by the more onerous provisions of the AHA 1986. See Practice Note: Agricultural tenancies—notices to quit an agricultural holding. Notice to quit of part At common law a notice can only be given in respect of the whole of the land comprised in the contract of tenancy. Notice to quit part of an agricultural holding is invalid at common law, subject to three exceptions. If different pieces of land are let at different times,

If the term of the original assured shorthold tenancy (AST) expired and a new six-month AST was entered into, the guarantor would have been released from its obligations in relation to the first tenancy and would only be liable for the performance of the tenant covenants if it was also a party to the new six-month tenancy. In relation to the question of whether one of two joint tenants

Farm business tenancies, under the Agricultural Tenancies Act 1995 allow for far more contractual freedom than was available under the Agricultural Holdings Act 1986. Subject to certain caveats, there is little security of tenure. A landlord wishing to end a tenancy following the tenant's failure to pay rent may: • in the case of a periodic tenancy, serve notice to quit. The length

This Q&A refers to the exemptions that are available under the Consumer Credit Act 1974 (CCA 1974). We refer you to Practice Note: What is credit and when is a credit agreement regulated? which sets out the exemptions available under the CCA 1974 and

We are not aware of any case law which considers the meaning of a ‘fair allowance’ under clause 5.6.1 of the JCT Standard Building Contract 2011/2016 where the quantities of work have changed. However, it would appear that when making a fair allowance for any significant change in the quantity of the work supplied,