If a company is struck of the companies register, the ownership of any of its property (including any leasehold title) passes to the Crown pursuant to section 1012 of the Companies Act 2006 (CA 2006) and is dealt with by the bona vacantia division, managed by the Treasury Solicitor’s Office. It is possible for the landlord to apply for a company to be restored pursuant to CA 2006, s 1029. Such an application for restoration generally must be made within six years of the date of dissolution of the company (CA 2006, s 1030). The company then is reinstated as the tenant following its restoration pursuant to CA 2006, s 1032. This may be convenient for a landlord who wishes to pursue a tenant for unpaid rent. If the landlord does not wish to restore

This Q&A has assumed that • no deposit has been paid by the customer • both the supplier and the customer are businesses • there is an equipment lease agreement, which provides that if the customer breaches the agreement, the supplier is entitled to take back possession of the equipment • the equipment lease agreement is not subject to the Consumer Credit Act 1974 (CCA 1974) We do not have a Practice Note dealing with the specific question, however, in carrying out your research, you may wish to consider: Terms of the contract It will be necessary to consider the terms of the equipment lease agreement between the parties to ascertain any specific contractual remedies which it provides either for a general breach or the specific breach of not returning the equipment. Consider in particular any clauses dealing with breach,

The combined skills of a trained and stable workforce have been held to be a legitimate business interest capable of protection by an employer. However, it is also a basic principle of common law that an individual should be free to follow their trade or calling when, where and in what manner they wish. When it comes to commercial agreements, non-compete obligations may be subject to the common law doctrine on restraint of trade, which stipulates that a restraint must be reasonable in extent and duration and go no further than necessary to protect legitimate interests, failing which they have the potential to be void and unenforceable. For example, in Kores Manufacturing

In answering the above, we have considered the options available to an executor where some of the beneficiaries are failing to respond to requests to provide approval of the estate accounts and give a release to the executors. The question envisages that there are grounds to suspect that the beneficiaries intend to cause delay and may make unjustifiable claims against the estate. The executors position The problem of disgruntled beneficiaries refusing to co-operate with the executor is not that uncommon, whether because distrust or disputes have developed between the beneficiaries or between one or more beneficiaries and the executor. In such circumstances, the executor should bear in mind two factors of practical significance: • the executors are in a strong position provided they have administered the

Q&A: If an individual is appointed as executor and trustee and decides to have power reserved to them are they still a trustee of any ongoing trusts?

Practice Note: Will drafting—gifts to charities, in particular at the section titled 'Charitable Will trusts', considers ways in which an individual may leave assets on trust to charity. While charitable trusts are in theory liable as relevant property for IHT, legislation steps in and exempts property held solely for charitable purposes (whether for a limited time or otherwise). See section 58(1) of the Inheritance Tax Act 1984 and Practice Note: Charities and inheritance tax. The residence nil rate band (RNRB) is only available where a qualifying residential interest (QRI) is ‘closely inherited’ on the deceased’s death. 'Closely inherited'

We have assumed that • the deceased left a valid Will • the terms of the deceased’s Will expressly provide that the Will trust may not be distributed without a grant being issued in the estate It is not clear from the question why the executors named in the Will (or otherwise suitable administrators) have not applied for a grant. It may be that the rest of the deceased’s estate was able to be administered without the need for a grant, see Practice Note: Devolution of assets and the need for a grant. How the money came to be held on the practice’s client account and the sum involved are likely to be relevant facts when deciding the best course of action. In any case, the first step, if not already taken, would usually be to approach the executors

There is no body of legislation that sets a legal framework for unincorporated associations. In general, the operation of an unincorporated association is subject to common law rules rather than legislation, but the exact legal framework will depend upon the unincorporated association's objects and operations. For example, a club which sells alcohol as part of its operations will be controlled by licensing laws. For further details regarding unincorporated associations generally, see Practice

Estate accounts The executor(s) should prepare estate accounts as a matter of good practice and to comply with their statutory duty. Section 25 of the Administration of Estates Act 1925 (as amended by section 9 of the Administration of Estates Act 1971) sets out the duties of personal representatives as follows: '(a) collect and get in the real and personal estate of the deceased and administer it according to law; (b) when required to do so by the court, exhibit on oath in the court a full inventory of the estate and when so required render an account of the administration of the estate to the court; (c) when required to do so by the High Court, deliver up the grant of probate or administration to that Court.' There is therefore a statutory duty to account for the assets and liabilities, income and outgoings of the estate, but there is no guidance

The residence nil rate band (RNRB) is an addition to the basic nil rate band (NRB), which further reduces the inheritance tax (IHT) payable on an estate on death. It is applied to the taxable value of the estate, but differs from the basic NRB in that it is restricted to: • the value of residential property or a qualifying residential interest (QRI) • the death estate, and • the inheritance of lineal descendants For information on the RNRB and the conditions of its availability, see Practice Note: IHT—residence nil rate band. We also refer you to Practice Note: IHT—residence nil rate band Q&As. The following extract is from the subsection titled 'Property left on trust subject to age contingency': Where the QRI is left on trust such that it becomes

This Q&A assumes that that none of the former trustees named on the title register are living. There may be a number of valid reasons why the executors in the estate of the last former trustee to die have not yet transferred title and that will require exploration. At the end of the day if the parties remain at odds application can be made to court for declaratory relief to confirm the successor trustee(s) and injunctive relief obtained for the transfer of the trust property. When trustees change, title to the trust assets can pass from the prior trustees to the current trustees: • by an express

Rule 2.7 of the Insurance—Senior Management Functions Part of the prudential regulation authority (PRA) Rulebook allows an SII insurer to outsource its internal audit function to an external third party service provider, in which case, the firm is not required to have any person approved to perform the Head of Internal Audit function. However, this only applies if the firm is not significant.