This Q&A assumes that the estate is solvent such that there are sufficient assets to meet all the liabilities, even if not all legacies. We refer you to Practice Note: Payment of legacies and in particular,

We refer you to Q&A: Where an individual (A) has died, survived by their spouse (B), but A had previously survived a former spouse (C) prior to the marriage to B, can A’s personal representatives use C’s transferable nil rate band (TNRB), in priority to A’s own NRB, to ensure that B’s estate can benefit from A’s TNRB in due course? which considers this scenario. In particular: ‘Therefore, as A’s estate benefits from C’s TNRB, this can be amalgamated with A’s own NRB to form a combined NRB (up to 200% of

The death benefit under a life policy is a chose in action. A chose in action is a thing recoverable by action, as contrasted with a chose in possession, which is a thing of which a person may have not only ownership but also actual physical possession. There is no reason why the death benefit under a life assurance policy cannot be assigned to a trust (indeed, such trusts, known as spousal by-pass trusts,

Inheritance tax instalment option Section 227 of the Inheritance Tax Act 1984 (IHTA 1984) provides that where inheritance tax (IHT) is payable in respect of certain categories of qualifying property, the person liable may elect to pay in ten equal yearly instalments if: • the chargeable transfer was made on death • the IHT is borne by the person benefiting from the transfer, or • the chargeable property is settled property remaining in the settlement after the chargeable event Qualifying property consists of: • land, shares or securities giving control of a company • unquoted shares or securities not giving control, provided they remain unquoted from the date of transfer to the transferor’s (or transferee’s earlier) death • a

Child maintenance is, as a general rule, governed by the maintenance-service'>Child Maintenance Service (CMS) and the court does not have jurisdiction to make any order in relation to this, save in certain circumstances which are set out in section 8 of the Child Support Act 1991 (CSA 1991). One of these examples is set out under CSA 1991, s 8(5) which states that: ‘(5) The Lord Chancellor or in relation to Scotland the Lord Advocate may by order provide that, in such circumstances as may be specified by the order, this section shall not prevent a court from exercising any power which it has to make a maintenance order in relation to a child if— (a) a written agreement (whether or not enforceable)

The starting point is to consider who was the ‘landlord’ who served the initial notices. Section 30 of the Landlord and Tenant Act 1985 (LTA 1985) defines ‘landlord’ as including 'any person who has a right to enforce payment of a service charge'. The wording of the notices should be reviewed to establish whether the notices were served by the managing agents in their own right, or by the managing agents on behalf of the landlord. If the latter, and the person entitled to enforce payments of service charge against the tenants is the freeholder or head leaseholder etc, ie the landlord under the terms of the leases, then the notices served are likely

Initially the insurance policy should be checked to ensure that there is no provision which covers this situation, ie a currency conversion clause. See by way of example Korea National Insurance Corp v Allianz Global Corporate & Specialty AG (formerly known as Allianz Marine & Aviation Versicherungs AG) (London Branch) (on its own behalf and on behalf of the re-insurers subscribing to Policy Number AJFM157 for the 2004 year of account). In Travelers Casualty and Surety Co of Canada and others v Sun Life Assurance Co of Canada (UK) Ltd and another the policy stated that: 'Except as otherwise provided in any coverage section,

The most obvious and straightforward method for a party to protect itself is to limit its financial liability under a contract by agreeing a financial cap. Some parties take the approach that they are willing to accept unreasonable or onerous clauses in contracts provided they cap their ultimate liability. Doing so may provide the ring-fence that the contractor requires to understand (and price for) the worst case scenario, and in turn save time negotiating the contract terms. In this regard see Lexis+®

In short, unless a life interest is a ‘qualifying interest in possession’ (see Practice Notes: The meaning of qualifying interest in possession and Qualifying interest in possession trusts—IHT treatment), the trust property will be treated as relevant property and will be taxed under

Under the Children Act 1989 (ChA 1989), local authorities have an obligation to make arrangements for the provision of support for special guardians. The support may be either counselling, advice and information or such other services, including financial support as are prescribed by regulation. The Special Guardianship Regulations 2005 (SGR 2005), SI 2005/1109, reg 3(1) sets out the range of services that are services are prescribed as special guardianship support services. The services include inter alia financial support payable under SGR 2005, SI 2005/1109, Ch 2. SGR 2005, SI 2005/1109, reg 3(2) makes it clear that the services described in SGR 2005, SI 2005/1109, regs 3(1)(b)–(e) may include cash assistance. Statutory guidance from the Department for Education for local authorities when preparing a report for an application for a special guardianship order (SGO) is

A charging order is a means of securing a judgment debt. Therefore, if a charging order has been made, the court will have already determined the issue of whether or not the debt was due. An attempt by the judgment debtor to re-open that decision would be by way of an appeal against the judgment (if permission to appeal were given). Where an interim charging order has been made, the court retains a discretion whether to make the final order. For further detail as to how the courts have exercised this discretion, see Practice

See Practice Notes: Pre-6 April 2016—charging orders—what are they and when to use them [Archived] and Pre-6 April 2016—procedure for obtaining interim and final charging orders which contain some very useful information on the pre-April 2016 regime. As confirmed on the Charging Orders Act 1979 obtaining a charging order is a two step process. Interim charging orders are sought first. They give notice to the relevant parties that the creditor has charged the debtor’s asset to secure a judgment or order. Final charging orders are the next step and are sought if the debtor does not pay the debt. The order confirms or modifies the creditor’s charge of the debtor’s asset and secures the asset so that the creditor then has priority over subsequent creditors. We can,