In the scenario described, H died during the period when estate duty applied to estates on death, prior to the introduction of capital transfer tax and later inheritance tax. Noting that up until 21 March 1972 there was no spouse or charitable relief available, it is necessary to consider the application of estate duty to H’s estate and determine whether or not H’s estate was chargeable albeit that there was an equivalent to a basic nil rate band (NRB) on which estate duty was charged at 0%. See: IHTM43020 Calculating

An employee who occupies premises owned by their employer may be either a service tenant or a service licensee. In Street v Mountford, Lord Templeman observed that: 'There can be no tenancy unless the occupier enjoys exclusive possession; but an occupier who enjoys exclusive possession is not necessarily a tenant’. He then went on to identify several categories of person who cannot be a ‘tenant’, including a ‘service occupier’ (or ‘service occupant’). A service occupier is an employee who occupies their employer's premises in order to perform their duties as an employee. In those circumstances, the possession and occupation of the employee is treated as the possession and occupation of the employer and the relationship

The rules dealing with capital gains tax (CGT) on death provide that: • assets the deceased was competent to dispose of are deemed acquired by the personal representatives (PRs), or any other person on whom they devolve, at their market value at the date of death but are deemed not to have been disposed of by the deceased so there is what is known as a CGT-free uplift on death • if the PRs sell an asset during the administration period, they are liable for any CGT on any gains realised (compared to the date of death value) after deduction of any losses they incur on their disposal. The period of administration runs from the day after

Practice Note: IHT—residence nil rate band explains the residence nil rate band (RNRB) which is available to the estate of an individual who dies on or after 6 April 2017, and how to calculate the transferable RNRB (on the death of a surviving spouse or civil partner on or after 6 April 2017) in the section ‘Calculation of the amount of the relief’. Practice Note: IHT—residence nil rate band Q&As contains links to Q&As and worked examples on the IHT RNRB, including how it is calculated and applied to an estate. It also deals with the transferable

The general rule is that any trustee functions delegated to an attorney must comply with the provisions of section 25 of the Trustee Act 1925 (TA 1925). However, section 1(1) of the Trustee Delegation Act 1999 (TDA 1999) provides an exception to this rule stating that an attorney can exercise a trustee function of the donor if it relates to land in which the donor has a beneficial interest. Where an attorney is exercising a trustee function under TDA 1999, s 1(1), evidence

On the death of a sole executor or a sole surviving executor after the testator’s death and after a grant has been issued, and where the estate administration is incomplete and there is an unbroken chain of executorship, the appointment of new executors is automatic through the chain of representation. See Practice Note: The chain of representation and section 7 of the Administration of Estates Act 1925. In order to

Once the offer of employment has been made and accepted by the employee, the contract of employment is formed. If the employer then changes its mind at this stage, it will not be able to withdraw the offer. It will instead have to terminate the employment contract by giving the employee his contractual notice, even if he has not yet started work. In practice this will usually mean making him a payment in lieu of notice (PILON) (see Practice Notes: Offer of employment—Accepting the offer and Contractual notice). If the employer ends the contract by paying a PILON in accordance with the contract, it would not be in breach of contract. If the employer did not give contractual notice or make a PILON in accordance with the contract, this will give rise to a breach of contract (wrongful dismissal) claim. In such a case, the employee will be entitled to be put

To be valid, a joint restricted securities election under section 431 of the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003) must be made: • by both the employee (or director or other office-holder) and the employer (note that it is the employer rather than the company issuing or transferring the employment-related securities (if different) that must enter into the election together with the employee) • in an approved form (for

In the case of a substitutional appointment of a named alternative executor, such an appointment is usually valid but it must be established that the circumstances giving rise to the substitution have occurred in order for the substitute executor to obtain probate. This will depend on the precise wording of the appointment in the Will and the particular facts of the matter. A grant of letters of administration

We refer you to the Practice Note: Applicable law—a guide for dispute resolution practitioners which explains that the applicable law is the law that governs a dispute between the parties. Generally, parties have the freedom to chose the applicable law. However, where they have failed to do so or have chosen a law which is prohibited for some reason, then the applicable law will be determined by the application of the relevant directive, convention or common law rules. For example,

A bailee has a statutory right to sell goods entrusted to him in cases where a bailor is under an obligation to take delivery of the goods. Torts (Interference with Goods) Act 1977 (T(IG)A 1977) can be used to: • impose on the bailor an obligation to collect goods (a Collection notice) • give the bailee power to sell goods not collected (a Sale notice) Collection notice T(IG)A 1977, Sch 1 Pt I provides that a ‘bailee may, in the circumstances specified in this Part of this Schedule, by notice given to the bailor impose on him an obligation to take delivery of the goods’. The obligation

Unless the charity is aimed at relieving poverty, and the individual would qualify as an object of the charity and meet any other relevant criteria, the answer is likely to be no. There is no mechanism