If a deceased individual dies intestate, Parts III and IV of the Administration of Estates Act 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 The succession to the residuary estate is determined by the value of the deceased’s estate and the relationship of the surviving family members to the deceased. The legislation sets out the order of entitlement. For further information, see Practice Note: Intestacy—beneficial entitlement. Once an adult beneficiary has attained a contingent interest in an

In view of the reference to the need for unanimous decisions, it has been assumed that this is not a case where there is an existing independent trustee. This is potentially a difficult area, particularly in cases where the trustee lacks capacity. It has been assumed that the trust deed does not contain provisions which would assist to deal with the situation, or conversely would exclude the courses suggested, but this should always be checked. While the appointment of an independent trustee may not always appear attractive, the cost of such an appointment has to be weighed against the potential cost

Trust Registration Service Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017), SI 2017/692, Pt 5 applies to UK corporate bodies and ‘relevant trusts’ and deals with the requirements relating to beneficial ownership information which are separate from the money laundering supervision obligations also contained in MLR 2017. In order for trustees of taxable relevant trusts to disclose the required beneficial ownership information to HMRC, any trust which is a taxable relevant trust for the purposes of MLR 2017, SI 2017/692, reg 45(14) is required to be registered with HMRC via the online Trust Registration

We have not been able to find any information which directly answers the query. However, we would make the following observations: The UK has enacted its obligations under the FATCA in the International Tax Compliance Regulations 2015 (2015 Regulations), SI 2015/878. 2015 Regulations, SI 2015/878, reg 6(5)(c) provides that 'references to paying an amount include crediting

Where there is a validly executed Will appointing executors who are willing and able to act, the executors should apply for a grant of probate. See Practice Note: The type of grant needed. Even where there is a partial intestacy, the executors appointed in the Will have priority to apply for the grant. See Q&A: Under a partial intestacy, does the role of administering the estate pass

This Q&A assumes that the shares that comprise part of a bankrupt’s estate are shares in a private company limited by shares. Under section 306 of the Insolvency Act 1986, all property belonging to or vested in a bankrupt at the commencement of their bankruptcy automatically vests in their trustee in bankruptcy upon appointment, without any conveyance, assignment or transfer. For more information, including consideration of how ‘property’ is defined for these purposes, see Practice Note: What assets vest in the trustee in bankruptcy and what steps does the official receiver or trustee in bankruptcy need to take? While there is an option for a trustee in bankruptcy to disclaim onerous property, it is difficult to envisage in what circumstances a share would be disclaimed (although it could happen). For more information, see Practice Note: What is considered onerous property or contracts? Therefore, once a person

In this Q&A, we assume that both contracts incorporate the Standard Conditions of Sale (5th Edn): Encyclopaedia of Forms and Precedents [81] as these are commonly used in residential transactions. Standard Conditions of Sale (5th Edn): Encyclopaedia of Forms and Precedents [81] paragraph 2.2.5 allows the seller (in this case B) to use part or all of the deposit towards the deposit payable by the seller in a related transaction (defined as the purchase of a property in England and Wales for the seller’s residence).

Within proceedings under the Children Act 1989 (ChA 1989), the Form C2 is the appropriate form to use when making an application for permission to start proceedings, to request an order or direction in existing proceedings, or to ask to join or leave proceedings. The Form C100 is the appropriate form to use to commence an application for a child arrangements order, prohibited steps order or specific issue order. It is also to be used to apply to

Personal representatives have an overriding duty to collect in the estate and administer it correctly under section 25 of the Administration of Estates Act 1925. See Practice Note: Personal representatives—powers, duties and remuneration. If no one has yet applied for a grant of representation, an interested party (the citor) can make an application

The standard Form N242 for Part 36 offers provides the option for the offeror to choose whether they are making a claimant's or defendant's offer. In the 'Important notes' at the end of the form, paragraph 5 gives the following summary: 'In summary, Part 36 provides that: • A party making a defendant's offer is offering something to settle their opponent's claim, counterclaim, additional claim, appeal, cross-appeal or costs assessment proceedings and to accept a liability to pay costs. • A party making a claimant's offer is offering to accept something to settle their own claim, counterclaim, additional claim, appeal, cross-appeal or costs assessment proceedings on terms that their opponent pays their costs.' CPR 36.2(3)(a) confirms that you can make a Part 36 offer in respect of a counterclaim. A defendant can also make

This Q&A assumes that the claim for failure to inform and consult can be brought by affected employees, rather than by a trade union or elected employee representatives. Failure to inform and consult For information on the obligation to inform and consult under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246 generally, see Practice Note: TUPE—information and consultation. A claim for a failure relating to employee representatives can be made only: • by the trade union, where the failure relates to obligations owed to trade union representatives • by the elected employee representatives, where the failure relates to obligations owed to elected employee representatives Any other claim for failure to comply with an information or consultation

Where a landlord wishes to oppose a business tenant's claim to a new lease, one of the grounds on which they may do so is in section 30(1)(g) of the Landlord and Tenant Act 1954 (LTA 1954). The ground is that: 'on the termination of the current tenancy the landlord intends to occupy the holding for the purposes, or partly for the purposes, of a business to be carried on by him therein, or as his residence'. LTA 1954, s 30(2) provides that: '...if the interest of the landlord, or an interest which