Effect of a charity changing its name on the validity of a gift in the Will Where nothing is said in the Will clarifying or modifying what is to happen if a charity changes name by the time of the testator's death, then, provided that the executors are able to clearly identify the charity concerned, the change of name should not affect the charity's entitlement to the gift. For more information, see Practice Note: Charitable gifts by Will—administering the estate. Possible misdescription of charity in

The case of Re Burrows, Cleghorn v Burrows concerned a devise to A for life and upon her death to B ‘for her absolute use and benefit in case she has issue living at the

Schedule 5 to the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003) specifies at ITEPA 2003, Sch 5, para 1(3)(b) that the company whose shares are subject of an enterprise management incentives (EMI) option must be a qualifying company for EMI purposes. ITEPA 2003, Sch 5, Pt 3 set out the

Ground 7A in Schedule 2, Part I of the Housing Act 1988 (HA 1988) was inserted by section 97 of the Anti-social Behaviour, Crime and Policing Act 2014. As the ground is mandatory, the court must make an order for possession if any one of the conditions set out in the ground are met. These include that the tenant or a person residing in or visiting the dwelling-house has been convicted of a serious offence, and the offence was

A concurrent lease is one granted subject to, and with the benefit of a lease, which is already in existence and which was, most probably, granted by the freeholder. It follows, therefore, that the term of the concurrent lease commenced before the expiry of the original lease and may continue afterwards. By reason of section 149(5) of the Law of Property Act 1925, the concurrent lease takes effect in reversion to the term of the original

Trustees have a common law duty to take control of the trust property and thereafter ensure its preservation. This would include making sure that the trust property is adequately insured. Sometimes the trust deed will set out the respective responsibilities of the life tenant and trustees in terms of outgoings and expenses relating to the land. This might include a requirement for the life tenant to arrange insurance cover. Where the trust deed is silent

The office of executor is a personal appointment to the executor by the testator and cannot be assigned or transferred to anyone else. An executor who has accepted office cannot later renounce. However, an executor may appoint another person to act as their attorney to apply for a grant of administration for their use and benefit by a general power of attorney under the Non-Contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024, r 31. The grant will be limited until further representation is granted or in any way the registrar directs. Rule 31 of the Non-Contentious Probate Rules provides: '(1) Subject to paragraphs (2) and (3) below, the lawfully constituted attorney of a person entitled to a grant may apply for

Jervis v Harris The purpose of a 'Jervis v Harris' clause is to ensure that flats do not fall into a dangerous state of disrepair. The clause entitles the landlord to enter any flat and carry out necessary repairs at the tenant’s expense and to recover the costs of so doing as a debt. We are not aware of any authority which suggests that an infestation due to food build-up is likely to amount to ‘disrepair’, however, in Jervis v Harris, the lease contained a clause which authorised the landlord or the superior landlords to enter the premises from time to time during the term to view the state of repair and to

A non-molestation order may prohibit a person (the respondent) from molesting both another person who is associated with the respondent, and/or from molesting a relevant child pursuant to section 42 of the Family Law Act 1996 (FLA 1996). The court may decide, therefore, that a non-molestation order should extend to cover the respondent’s child and prohibit the respondent from contacting that child. It would be preferable for any such order specifically to allow for exceptions such as contact provided for by the court within proceedings under the Children

We have assumed that the case is valued at between £10,000 and £25,000 given the proposed track allocation. A—Is a costs budget required in the fast track? There is no mandatory requirement to file a costs budgets where a matter proceeds in the fast track. The relevant provision is CPR 3.12 which provides: ‘(1A) This Section and Practice Direction 3E will apply to any other proceedings (including applications) where the court so orders.’ The provisions in CPR PD 3E, para 2 also state that the court has a discretion whether to make an order requiring costs budgets to be filed. A costs budget will therefore only be required in a fast track case if the court makes an order that the costs management regime will apply to the proceedings. The court can order that the costs management

Partial intestacy Partial intestacy may arise when a testator has made an effective testamentary disposition of part of their estate but has failed to dispose of the rest of their estate. The rules of intestate succession governing undisposed of property in the case of a partial intestacy are the same as those applicable to a total intestacy subject to the valid terms of the Will and with a number of statutory modifications. See Practice Note: Intestacy—beneficial entitlement. The personal representatives (PRs) hold the estate which has not been disposed of effectively, after payment of all liabilities and administration expenses, on trust for the persons entitled on an intestacy unless it appears from the Will that the PRs are to take beneficially. Where there is a partial intestacy, the effective provisions in the Will must be

It will depend on the reason why the wall is being damaged. If the adjoining owner has done works to their land, and this results in pressure building up, then this may constitute a claim in nuisance, for which a claim in damages may be possible (see eg Brace v South East Regional Housing Association Limited, where demolition of a house caused shrinkage to the clay underlying the foundations of the adjoining