Limited/ special executors A separate executor, for example, a literary executor may be appointed over particular assets of an estate. Tristram and Coote’s Probate Practice (Tristram and Coote's—Grant limited in terms of will) states: 'Where a testator has appointed an executor of his Will generally, and another executor for particular purposes, and the general and limited executors apply for probate together, the grant is made in the same instrument, but the powers of each are distinguished; ie probate, in respect of all the estate is granted to the general executor but the powers of the other executor are limited in the manner specified in the Will. If the general executor applies for probate before the limited executor, a general grant is made to him, power being reserved of making a limited grant to the other executor. ( See: Re Wallich's Goods (1864) 3 Sw & Tr 423, in which case power was not reserved.) Where, by reason of the existence

It is assumed that: • the life tenant's children (or the children of each life tenant respectively) are the remainder beneficiaries of the relevant share of the trust fund • the remainder beneficiaries are not minors Subject to any restrictions set out in the trust deed or in relevant legislation, for example section 33 of the Trustee Act 1925, the life tenant could transfer his or her life interest to his or her children by either executing a deed of assignment of his or her beneficial interest in the trust property or executing a deed of release

The standard legal position under a company's articles is that the day-to-day running of a company is delegated by the shareholder body to the board. Under article 3 of the Model Articles (SI 2008/3229) for both private and public companies, the directors 'are responsible for the management of the company's business, for which purpose they may exercise all the powers of the company’ (the same applies to companies incorporated prior to 1 October 2009: see reg 70 of the Companies (Tables A to F) Regulations 1985). However, where article 4 of the Model Articles for both private and public companies is adopted, the members have a reserve power that can only be exercised by special resolution and enables them 'to direct the directors to take, or refrain from taking,

Where the bankruptcy petition is adjourned, the petitioning creditor must (unless the court orders otherwise) give notice as soon as practicable of the adjourned hearing date, time and location to: • the debtor, and • any person who delivered notice of intention to appear under Insolvency

The outcome of the government’s consultation on parallel imports is as yet unknown and may result in a range of approaches for different IP rights and different sectors of industry. The possibilities include national exhaustion, regional exhaustion (as now, where the UK considers that IP rights in goods legitimately put on the market in the EU to be exhausted in the UK) or international exhaustion. It is also possible that the exhaustion regimes adopted may be different, eg for pharma patents as compared to copyright in publications. It is generally considered that IP rights holders benefit

The scenario in the question would appear to follow an error made on the part of the Home Office when granting leave, which is supposed to be aligned with the end date of the Certificate of Sponsorship (CoS). See Immigration Rules, Appendix Skilled Worker, paras SW 18.1-SW 18.2: ‘Period of grant for a Skilled Worker SW 18.1. The applicant will be granted entry clearance or permission to stay until 14 days after the end

As noted in the Practice Note: Applying for a sponsor licence under Workers and Temporary Workers: eligibility and suitability, different office locations from where sponsored migrants will work are termed ‘branches’ (as are subsidiaries). The prospective sponsor should include details of all branches from which sponsored migrants would work with its initial application. It should also update the Home Office of any new branches which affect the licence within working 20 days (per C2.3 from Workers and Temporary Workers Sponsor Guidance part 3: sponsor duties and compliance, see Practice Note: Workers and Temporary Workers sponsor duties: sponsor changes of circumstances). It is therefore up to the sponsor to update the Home Office of any new acquisitions affecting the sponsor licence within 20 working days and to keep a record of this themselves so they avoid hiring migrants for branches or subsidiaries not currently on

The law does not compel a person to accept a gift. The refusal of a gift prior to acceptance is known as a disclaimer. The refusal of the gift must take place before the beneficiary accepts any benefit from it. The property refused will pass to the person next entitled under the Will or the intestacy rules. A disclaimer should be effected by deed. You may find these precedents (and drafting notes) useful: • Deed of disclaimer under a will

It often occurs that a beneficiary of an estate or trust believes that the estate or trust has a claim against a third party (or sometimes against another beneficiary) which for some reason the personal representatives or trustees are reluctant to pursue. This may because there are insufficient liquid funds in the estate or trust to fund the claim, or to meet any adverse costs order; because the claim is considered too risky, or insufficiently large to be worthwhile; because there is a division of opinion between the beneficiaries as to whether the claim should be pursued (particularly if the prospective defendant is another beneficiary); or because the personal

For the purposes of this Q&A, it is assumed that the relevant partnership is a limited partnership established in England under the Limited Partnerships Act 1907 (LPA 1907), as subsequently amended with effect from 6 April 2017 by the Legislative Reform (Private Fund Limited Partnerships) Order 2017, SI 2017/514 (LRO). Limited liability of limited partners Limited partners of a limited partnership enjoy limited liability status. The nature of this status varies depending on the type of limited partnership involved, ie the treatment is dependent on whether the limited partnership is or is not designated as a private fund limited partnership (PFLP) under LPA 1907. For information on the differences between limited partnerships which are and are not PFLPs, see Practice Note: The nature of a limited partnership and its legal framework and Forming a limited partnership—differences between limited partnerships which are and are not designated as private fund limited

Management forecasts The Information Commissioner's Office (ICO) reminds processors that they should justify and document their reasons for relying on an exemption. The management forecasts exemption set out in section 15 and Paragraphs 18, 22 of Schedule 2 Part 4 of the Data Protection Act 2018 can apply if one processes

The standard form JCT 2011 contracts contain a number of events, called 'Relevant Events', that may entitle the contractor to an extension of time in which to complete the works (to avoid completing its works after the contractual completion date and becoming liable to pay the employer liquidated damages). See Practice Note: Extensions of time under construction contracts. One of these Relevant Events is 'exceptionally adverse weather conditions', see for example clause 2.29.9 in the JCT Standard Building Contract With Quantities 2011 or clause 2.26.8 in the JCT Design and Build Contract 2011. FIDIC 1999 contracts also contain a similar provision in the event of delay for 'exceptionally adverse climatic conditions' (eg clause 8.4(c) in the Red Book). There is, however, no definition in either of these as to what will constitute exceptionally adverse weather—so what sort of weather conditions would qualify? There is no easy answer as to what constitutes exceptionally adverse weather. In some circumstances it may be obvious, for example, a contractor whose works are delayed because the site of the