We have assumed that there are express trusts arising in the Wills, rather than absolute interests. We also assume that the intention is to transfer title to the trustees of both estates, rather than to sell the property. It will, therefore, be prudent for each personal representative to appoint an additional trustee to allow for any future sale of the land. The power to appoint trustees will depend on the terms of the Will—see Practice Note: Trustees—appointment of trustees

Where a person is made bankrupt, a trustee in bankruptcy is appointed into whose hand is vested the assets of the bankrupt. The role of the trustee in bankruptcy is to collect in those assets and make distribution to the creditors of the bankrupt. It is only the assets of the bankrupt that fall into the bankruptcy, and the assets of another associated person, such as a spouse, are not applied towards the bankruptcy. Joint assets can fall within a bankruptcy depending on how they are held, but in this case, all of the assets are in the name of one spouse. Absent the application of any of the clawback provisions in the Insolvency Act 1986 (IA

The Companies Act 2006 is silent on the point raised in this Q&A and we have been unable to find case law on this specific point. Appointing a director where a company has no shareholders and no directors The Model Articles of Association for a private company limited by shares provides that, for the purposes of appointing a director only where a company has no shareholders and no directors, the personal representative of the last shareholder to have died will have the right to appoint a person to be a director. For these purposes where two or more shareholders die in circumstances rendering it uncertain who was

This QA& assumes that: • the trustees and the recipient beneficiary are all residents in the UK • the trust in question is governed by English law The trustees’ right to be indemnified against proper trust expenses out of the assets of the trust is a proprietary right and as such, is not lost simply by transferring the assets to a beneficiary. The trustees can therefore (subject to the rules which apply to the tracing of property) follow the assets and can recover the amount needed to pay

Yes, the landlord does need to still wait. Section 6(1) of the Landlord and Tenant Act 1987 (LTA 1987) is clear that

A power of attorney is a written legal authorisation allowing B (an individual or other legal person) to act on behalf of A (likewise, either an individual or other legal person). B is then able to carry out acts on behalf of A without A being present, and such acts are treated as being the acts of A. For the long-term delegation of a power of attorney, a Lasting Power of Attorney (either over property and financial affairs, or over health and welfare) can be granted, and, subject to the necessary formalities, continues to have effect if A loses capacity. Such a power can therefore be extremely useful if there is a risk that capacity will be lost. The

This question raises the issues of protection of deposits paid by tenants under assured shorthold tenancies and also the circumstances in which a landlord can use the accelerated possession procedure to recover possession of such a tenancy, a method which usually results in an order being made without a hearing having to take place. As a result of s 213(1) of the Housing Act 2004 (HA 2004), any tenancy deposit paid to a person in connection with an assure shorthold tenancy must, as from the time when it is received, be dealt with in accordance with an authorised scheme. For general information see Practice Note: Tenancy deposit schemes. A failure to correctly do so has a number of consequences which this answer will now consider. A tenant who pays

Within 30 days of receipt of the deposit, the landlord must comply with the initial requirements of the Tenancy Deposit Scheme (TDS) by giving the tenant (and any person who pays the deposit on the tenant's behalf: the ‘relevant person’) certain prescribed information about the TDS, the deposit and the assured shorthold tenancy (AST) (see section 213(3)–(6) of the Housing Act 2004 (HA 2004) (as amended)) and see generally Practice Note: Tenancy deposit schemes. Failure to do so has two potential consequences. First, if an application to court is made by the tenant (or relevant person), and the default proved, the court must order the party that appears to be holding the deposit to

One of the methods for terminating an assured shorthold tenancy is service of a notice under section 21 of the Housing Act 1988 (HA 1988). There are various pre-conditions to valid service of such a notice (see Practice Note: Terminating assured and assured shorthold tenancies—pre-Renters' Rights Act position — Ground 8 arrears—pre-Renters’ Rights Act 2025). At or after the end of a fixed term tenancy, a notice may

How a periodic farm business tenancy can arise, and how it can be determined? The Agricultural Tenancies Act 1995 (ATA 1995) came into effect on 1 September 1995 and introduced an entirely new form of agricultural tenancy known as the ‘farm business tenancy’ (FBT). An FBT is any tenancy of agricultural land. Tenants under FBTs do not enjoy any long-term security of tenure. However, ATA 1995 affords a degree of statutory protection to tenants whose tenancy, when granted, was an annual periodic tenancy or was for a term of more than two years (ATA 1995, ss 5–7). See Commentary: When does the Agricultural Tenancies Act 1995 apply?: Encyclopaedia of Forms and Precedents [1]. All agricultural tenancies granted

Directions made under earlier general development orders, such as the Town and Country Planning General Development Order 1977 (TCPGDO 1977), SI 1977/289, are given continued effect by virtue of sections 17(2)(b) and 23 of the Interpretation Act 1978. The effect of these provisions is that an Article 4 direction made pursuant to the TCPGDO 1977, SI 1977/289, and made after 1 January 1979 remains valid and in force (unless modified or cancelled) and has effect 'as if made' pursuant to the Town and Country Planning (General Permitted Development) (England) Order 2015 (GPDO 2015), SI 2015/596. The Town and Country Planning General Development Order 1988, SI 1988/1813 revoked the TCPGDO 1977, SI 1977/289. Subsequent permitted development orders, including the GPDO 2015,

A guarantee is a contract between (in this case) a landlord and a third party (the guarantor), by which the guarantor will usually promise that the tenant will perform their obligations. The obligations undertaken by the guarantor