Section 69(1) of the Solicitors Act 1974 (SA 1974) provides that no action shall be brought to recover any costs due to a solicitor before the expiration of one month from the date on which a bill of those costs is delivered in accordance with the requirements of SA 1974, s 69(2). SA 1974, s 69(2) requires both that the bill has been signed and that it has been delivered to the person charged with the bill. Cook on Costs, para [3.4] confirms that while signature is not essential for the validity of a bill, a solicitor may not sue for their costs unless they have complied with the signature requirement. The section also

We have assumed for this purposes of this response that the partners of the firm were not individually named in the Will and that the firm of solicitors was the sole executor appointed by the Will (and that there was no substitute executor appointed by the Will). The chain of executorship will depend on the precise wording of the Will and the circumstances of the case but the following guidance may be of assistance. If a firm of solicitors or a trading firm is appointed executors, the appointment applies only to the members of the firm at the date of the Will of the testator, unless a contrary intention is expressed in the Will, the appointment being regarded as of the individual members constituting such firm at the date of appointment. In such case, the oath should state that the applicants were equity partners or

Solicitors’ obligations in relation to conflicts are set out in paragraphs 6.1 and 6.2 of the Code of Conduct for Solicitors, RELs and RFLs and Code of Conduct for Firms (referred to collectively as ‘the Codes’). Both of the Codes have the same wording, but different considerations may sometimes apply to an individual and to a firm. Paragraph 6 of the SRA Code of Conduct for Firms 2019 deals with conflicts of interest. A conflict of interest means a situation where a solicitor’s separate duties to act in the best interests of two or more clients in relation to

It is generally the case that where a person takes up a position as a trustee, including as an executor of an estate, that position is one of personal confidence and therefore it should not be able to be abandoned or delegated to others. On this as a general point of principle, see Turner v Corney. However as with most general rules, there are exceptions. Section 25 of the Trustee Act 1925 (TA 1925), as amended by the Trustee Delegation Act 1999, provides that a trustee (and, by TA 1925, s 25(10),

The executors’ overriding duty in undertaking the administration of an estate is to collect and get in the assets of the estate, and to ensure the assets are safeguarded. See Practice Note: Securing and protecting estate assets. The approach that the executors take will depend on all the circumstances of the case and in particular the value of the unauthorised transactions. In the first instance and as a matter of urgency, the executors should liaise with the deceased’s bank about the suspected illegal activity on the account following the deceased’s death. At the same time, checks should also be made as to whether the deceased had given their authority

This Q&A considers the order of priority for an application for Letters of Administration with Will annexed, where a firm, appointed executors, no longer exists. For information regarding the order of priority, see the Non-Contentious Probate Rules 1987, SI 1987/2024, r 20. Where the deceased died on or after the 1 January 1926 leaving a will, the priority of right to a grant of probate or administration with will annexed is as follows: • the executor; (but subject to r 36(4)(d)) (i.e. where a non-trust corporation is appointed executor jointly with an individual, the individual must first be cleared off before a grant may issue to the nominee or attorney of the non-trust

For the purposes of the Q&A, it is assumed that the shares are shares in a UK company and the amount of cash consideration is fixed and not variable. An instrument transferring stock or marketable securities, such as a stock transfer form, is chargeable to UK stamp duty unless an exemption or relief applies. For information on exemptions and reliefs from stamp duty, see Practice Notes: • Exemptions and reliefs from stamp duty • Growth market exemption from stamp duty and SDRT, and • Loan capital exemption from stamp duty The rate of duty is 0.5% of the value or amount of the consideration (or deemed consideration) for the transfer of the stock or marketable security (subject to being

The appointment of a receiver is a remedy for creditors and other third parties to protect their interest in assets. They can be appointed by a court, or by a vesting document and their powers are usually limited to the mortgage deed and appointment document, compared to other office-holders such as liquidators and administrators. For more information, see: Receiverships—overview and Practice Note: Role, powers, functions and duties of an LPA or fixed charge receiver. A fixed charge receiver

Assured shorthold tenancies (ASTs)are governed by the Housing Act 1988 (HA 1988). All tenancies post 1 January 1997 which would otherwise have been assured tenancies are, by virtue of HA 1988, s 9A, ASTs unless they fall within one of the specified exceptions in HA 1988, Sch 2 Pt 1. By HA 1988, s 5(2), if an assured tenancy (including an AST) which is a fixed-term tenancy comes to an end otherwise than by virtue of: • an order of the court for

Since 6 April 2007, it has been mandatory for a landlord to join a tenancy deposit scheme on creation of a new residential assured shorthold tenancy (AST) in England or Wales, where a deposit is paid by the tenant to the landlord on commencement of tenancy. Further, certain information must be given in accordance with the Housing Act 2004 (HA 2004) within 30 days from receipt of the deposit. See Practice Note: Tenancy deposit schemes. There are two important sanctions for non-compliance contained within HA 2004, s 215: '215 Sanctions for non-compliance (1)Subject to subsection (2A), if (whether before, on or after 6 April 2007) a tenancy

The assured shorthold tenancy (AST) has ended and no further AST exists, other than a periodic tenancy (whether statutory or not). A statutory periodic tenancy is one that arises at the end of a fixed term tenancy under section 5(2) of the Housing Act 1988 (HA 1988), whereas a contractual periodic tenancy is one that arises because the parties have agreed in the tenancy that it will. The landlord has given the tenant at least two months' written notice that the landlord requires possession of the property. Housing Act 1988, s 21(4) provides: 'Without prejudice to any such right as is referred to in subsection (1) above, a court shall make an order for possession of a dwelling-house let on an assured shorthold tenancy which is a periodic tenancy if the court is satisfied— (a) that the landlord or, in the case of joint landlords, at least one of them has given to the

The tenant of a flat which is held on a long lease has the right to acquire a new lease of the flat under section 39(1) of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993). The definition of ‘flat’ is set out in LRHUDA 1993, s 101: '“flat” means a separate set of premises (whether or not on the same floor)— (a) which forms part of a building, and (b) which is constructed or adapted for use for the purposes of a dwelling, and (c) either the whole or a material part of which lies above or below some other part of the building' The definition of ‘dwelling’ is also set