Rule 7.13 of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 (FPR 2010, SI 2010/2955, r 7.13) provides for the filing of supplemental petitions. In a case where an answer has been filed or an application has been made for decree nisi a supplemental application may not be made except with the written consent of all the other parties or with the permission of the court (FPR 2010, SI 2010/2955, r 7.13(5)). However, a supplemental petition operates on the principle of relation back to the date of issue of the original petition. This means it is not possible to allege in a supplemental petition, for

Whether, and if so how, the rent may be reviewed or altered during the term of a commercial tenancy is a question of construction of its terms. If it contains no provisions for any change in the rent, there will be no right for either party to change it. However, in the case of a periodic tenancy as in this question, the landlord may

This Q&A considers both an order made pursuant to the Matrimonial Causes Act 1973 (MCA 1973) (or its Civil Partnership Act 2004 equivalents, which make precisely analogous provision), and Schedule 1 to the Children Act 1989 (ChA 1989). Order made under MCA 1973 MCA 1973, s 23 enables the court to make an order for periodical payments to be paid by one party to another for the benefit of a child of the family, or for the payments to be made to that child, for such term as may be so specified. The court will not have jurisdiction to make an order for child periodical payments in circumstances where the Child Maintenance

We refer you to Practice Notes: Appointment of personal representatives and Applications for letters of administration with Will annexed. These Practice Notes explain that a grant of letters of administration (with the Will annexed) will be required in this scenario where the deceased left a Will but the sole executor has died before taking out the grant. Priority to a grant of administration with Will annexed is set out in the Non-Contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024, r 20 and is as follows: (1) the appointed executor (2) any residuary legatee or devisee

Adverse possession of registered land Before 13 October 2003, a squatter could obtain title to either registered or unregistered land if he could demonstrate 12 years' uninterrupted factual possession and an intention to possess the land. After the expiry of that period, the Limitation Act 1980 prevented the 'paper' owner from recovering possession: • the 'paper' title to unregistered land was extinguished, and • the 'paper' title to registered land was held on a statutory trust so the paper owner was obliged to transfer legal title on request to the squatter The law relating to unregistered land has not been changed. The old rules also

This Q&A has been drafted assuming the following: • the question is asked in the light of the ongoing coronavirus (COVID-19) crisis • the statutory declaration is intended to be administered prior to 30 September 2021 • the statutory declaration is one which falls within the scope of the Statutory Declarations Act 1835 • the statutory declaration is being administered in one of the following contexts: ◦ a company entering a members’ voluntary liquidation—section 89 of the Insolvency Act 1986 ◦ a company entering administration—the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, r 3.17 Prior to the restrictions imposed by the government to tackle the spread of coronavirus, there was something of an unresolved debate concerning the question of whether a solicitor administering a statutory declaration was required to be physically present with the person giving the declaration. The

A shareholders’ agreement is a private agreement entered into among the shareholders of an investee company and the investee company itself, to govern, alongside the investee company’s articles of association, the operation of the relevant company. The agreement may also set out the terms of the subscription for shares in the company by the various shareholders in the company, and, in such instances, may be known as either a subscription and shareholders’ agreement or an investment agreement. By way of example, see clause 2 of Precedent: Subscription and shareholders’ agreement—single investor. Where there is a change in the contractual obligations of a party, that change will ordinarily need to be documented as a contract variation

The intestacy rules in section 46 of the Administration of Estates Act 1925 (AEA 1925) will apply to: • all the moveable property of the deceased wherever situated if the intestate was domiciled in England and Wales • all the immovable property of the deceased in England and Wales whether the deceased was domiciled there or elsewhere See Practice Note: Intestacy—summary. Therefore, the extent to which the UK intestacy rules will apply will depend on what type of assets the deceased left and where those assets were located at death, as well as the deceased’s domicile status. If

For the purposes of this Q&A, we have assumed that this Q&A is referring to a scenario in which the first spouse to die had not made any lifetime transfers and did not leave any other chargeable legacies such that their full nil rate band (NRB) was available on death. We also assume that both spouses are domiciled within the UK such that there is no restriction on the availability of the spouse exemption. How to calculate the transferable nil rate band (TNRB) To calculate the amount of TNRB available to the survivor’s estate: • first, identify the amount of the NRB used on the first death: ◦ if the entire NRB was used on the first death, there is nothing available to transfer to the survivor’s estate

The Practice Note: Intestacy—beneficial entitlement outlines the intestate rules and provides the following: If the deceased died intestate, Parts III and IV of the Administration of Estates Act 1925 (AEA 1925) apply to: • all the movable property of the deceased wherever situated, provided the intestate was domiciled in England and Wales, and • all immovable property of the deceased in England or Wales, whether the deceased was domiciled there or elsewhere Therefore, the extent to which the intestacy

Section 102(1)(a) of the Finance Act 1986 (FA 1986) applies the reservation of benefit rules if the donee of a gift does not bona fide assume possession and enjoyment of the property given to them ‘at or before the beginning of the relevant period’. This should be contrasted with FA 1986, s 102(1)(b), which applies the reservation of benefit rules

It is assumed that this Q&A relates to travel outside of UK, Republic of Ireland, Channel Islands or Isle of Man. In order to request the return of a passport on an outstanding application, an applicant should use the online form available here: Request for return of documents and withdrawal of application (GOV.UK). By selecting the type of application, whether the applicant wishes to withdraw the application and confirming whether the document being requested is a passport needed for the purpose of travel, the form will produce a notification