Where a settlement was created before 6 April 2010, the trustees were only permitted to accumulate income received by them for a maximum of 21 years, due to section 164 of the Law of Property Act 1925, and section 13 of the Perpetuities and Accumulations Act 1964. For further details, see Practice Note: Perpetuities and accumulations. For settlements created on or after 6 April 2010, rule against excessive accumulations is abolished, so that trustees can accumulate income for the lifetime of the settlement, by virtue of Perpetuities and Accumulations Act 2009. Where the trustees of a discretionary trust are obliged to distribute income, they should have regard to any memorandum of wishes written by the settlor or consult

Section 17 of the National Minimum Wage Act 1998 (NMWA 1998) provides that, if a worker who qualifies for the national minimum wage is paid for any pay reference period by their employer at a rate which is less than the national minimum wage, the worker is to be taken to be entitled under their contract to be paid, as additional remuneration in respect of that period, calculated by one of two methods set out in NMWA 1998, s 17(2) and 17(4). Where the two methods produce different amounts, they will be entitled to whichever is the higher. An individual who qualifies for national minimum wage

The starting point is that a person with a fiancé(e) visa does not have a right to undertake employment in the UK. This is in line with restrictions on other six-month visas such as a visit visa—visitors have a blanket prohibition on paid working in the UK. This restriction applies even after a person has applied to switch to the partner route and is only lifted once their application has been granted and they hold permission as such. Employment is defined in the Immigration Rules, Introduction as including ‘paid and unpaid employment, paid and unpaid work placements undertaken as part of a course or period of study, self-employment and engaging in business or any professional activity’. Guidance on who can and cannot work in the UK can be found here. The guidance is drafted for employers but is applicable to anyone looking

Service out of the jurisdiction in relation to new applications on or after 6 April 2022 is governed by Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 6.40-6.48 in its amended form. These rules apply to both applications for matrimonial etc orders and other documents. The applicant has a choice as to service under FPR 2010, SI 2010/2955, 6.43(3). Either the application may be served in accordance with FPR 2010, SI 2010/2955, 6.45-6.46 (service through foreign governments, the Central Authority in the case of a Hague Service Convention

The rules regarding service of non-molestation orders are strict and are contained in Part 6 and 10 of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, (FPR 2010, SI 2010/2955, Pt 6 and 10). FPR 2010, SI 2010/2955, 10.6(1) provides that when a non-molestation order is made without notice to the respondent the applicant must serve on the respondent personally as soon as reasonably practicable: • a copy of the order • a copy of the application—Form FL401 • any witness statement in support • notice of the hearing in Form FL402 Note however, that the applicant must not themselves hand the papers over

The renunciation by an executor of their duties will not be effective if they have already intermeddled in the estate. The details regarding renunciation are set out in the Non-Contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024, r 37. Intermeddling is doing something that shows an intention to accept office. Acts

An executor, like any other personal representative, has a duty to act diligently and in the best interest of the estate and the beneficiaries. This includes the identification of the assets of the estate, the gathering in of those assets, the payment of taxes and expenses and the distribution of pecuniary legacies and the residuary estate. The duty set out above includes a duty to pay the debts of the deceased without delay. See generally, Practice Note: Payment of debts—solvent estate. It is prudent for an executor to wait for a period of time from the date of death to enable creditors to lodge any claims against the estate and to Gazette for liabilities under section 27 of the Trustee Act 1925 (TA 1925) to obtain protection from personal liability

Financial proceedings on divorce are subject to the overriding objective in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 1.1, with the aim of enabling the court to deal with cases justly, having regard to any welfare issues involved. Dealing with a cases justly includes: • dealing with the case in ways which are proportionate to the nature, importance and complexity of the issues • saving expense, and • allotting an appropriate share of the court’s resources,

This will likely depend on the circumstances. Severance is the process by which a joint tenancy is converted into a tenancy in common. It is a matter of evidence whether severance has occurred. The effect of severance is to divide beneficial ownership of the property into shares. Unless there is an agreement to the contrary, severed shares are presumed to be equal, irrespective of the relative

We have been unable to find definitive authority on how freehold property would be treated. However, the below content may assist with your research. Bona vacantia and escheat in the context of dissolved companies Section 1012 of the Companies Act 2006 (CA 2006) provides that, following dissolution, the property of a company (including leasehold property and property or rights held on trust for the company immediately before its dissolution, but excluding property held on trust for any third party) is deemed to be bona vacantia (see Commentaries: Property of dissolved companies: Atkin’s Court Forms [31], Company’s property vesting as bona vacantia; Crown disclaimer: Halsbury’s Laws of England [1713], and Q&A: What is the position of a security holder if the company that created the security is dissolved?). On the basis that no mention is made of escheat in CA 2006, s

In law, title to property and land must belong to, or ‘vest in’, an identifiable person. It is not possible for property or land to be ownerless. Where land or property becomes ownerless, or if legal ownership cannot be established by anyone else, it falls to the Crown to deal with the assets concerned. Depending upon the circumstances, the ownerless property will be treated as bona vacantia. When a company registered in England and Wales is dissolved while it still owns or has an interest in a property, that property will be deemed bona vacantia (meaning ‘ownerless property’) at the date of dissolution and will vest in and belong to the Crown (or the Duchy of Lancaster or Duchy

Where the beneficiaries have entered into a deed of variation re-distributing an estate on intestacy by incorporation of a notional Will, this would not be relevant for the purposes of the application for the grant and the