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X and her husband owned a property as tenants in common. The husband dies and leaves his 50% interest to his children with a life interest trust to his mother to occupy for the remainder of her life. The property has a mortgage which is being paid solely by X after her husband's death. The mother in law is not paying rent. What are the consequences if the mother-in-law pays rent for her occupation of the property? Can X be reimbursed from any sale proceeds of the property for some or all of the mortgage payments which she has made since the death of her husband?
Q&As
An interest in possession (IIP) trust entitles the life tenant (in this case, the mother-in-law) to the use of the trust property and/or to the net income of the trust as it arises. See Practice Notes: The meaning of qualifying interest in possession and Creation of trusts—life interest trusts for further details. The term IIP is not defined by legislation but its meaning was confirmed as a ‘present right to present enjoyment’ in
X asks Ninth Circuit to let it litigate media matters claim in ireland
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Law360: X Corp urged the US Court of Appeals for the Ninth Circuit (Ninth Circuit) on 17 November 2025 to scrap an injunction blocking it from continuing to litigate its Irish-law defamation case against Media Matters in Ireland, arguing that the left-leaning regulator waited too long to invoke a California forum-selection clause in X Corp's terms of service.
X bought a farm including a farmhouse and ran his farm from it. X has been living in the farmhouse. If X still owns the farmhouse will this count as a main residence? If so will any new house purchased attract the higher 3% rate of stamp duty land tax even though the farm is a working farm?
Q&As
For the purpose of this Q&A, we have assumed that the farm and the farmhouse are owned personally, that the owner has no other property interests and will continue to own the farm at the time of the purchase of the new house. The term 'main residence' is not defined within the legislation relating to stamp duty land tax (SDLT). It is usual for undefined statutory terms to be held to take their ordinary meaning. HMRC’s SDLT manual: SDLTM09812 provides that if an individual only lives in one property, that property will be treated
X challenges Ireland’s Online Safety Code, arguing it overlaps with EU regulation
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MLex: Social media platform X seeks to challenge Ireland’s Online Safety Code, alleging it overlaps with and exceeds other European Union (EU) laws, frustrating plans to harmonise the bloc’s rules for digital platforms.
X died domiciled in Spain with a Spanish Will dealing with their Spanish assets only. We have a copy (not certified) of the UK Will made years prior, however, cannot locate this Will. The Spanish Will does not revoke the UK Will. X left cash assets in the UK which need to be administered. How can we obtain a Grant to administer the UK assets on the basis that we cannot locate the original UK Will?
Q&As
If the scope of the Spanish Will is restricted to assets in Spain, it will not be relevant to the administration of assets in the UK. The question is therefore in what circumstances it might be possible to prove a copy of a Will and the procedure for doing so. These thing are explained in detail in Practice Note Lost Will
X died overseas when no longer domiciled in the UK. X has a Will in the other jurisdiction, but no Will in England and Wales. X owned assets in the UK. What steps are required in order to administer the UK assets?
Q&As
Court order not required If the deceased died domiciled outside England and Wales leaving assets in this jurisdiction and left a Will: • that is valid under section 9 of the Wills Act 1837 (WA 1837) or there is evidence to validate the Will in accordance with section 1 of the WA 1963 • in the English or Welsh language • naming a person as executor or describing the duties of a named person in terms sufficient to constitute them an executor according to the tenor of the Will (obtain the decision of a district judge or registrar and consult the probate department at the Principal Registry or the district probate registrar, before preparing the papers for the grant), and • the whole or substantially the whole of the estate in England and Wales consists of immovable property then
X died testate leaving a £50K legacy to grandson. The rest of X's estate, including a property, passes to a lifetime discretionary trust set up in 2018. The beneficiaries of the trust are X's adult children, their issue and spouses. There is only one issue and they are under 18. X was a widow and inherited the bulk of her late husband's estate. A transferable nil rate band of £275k is available to X's estate. What, if anything, can be done to redirect the property to X's descendants so that the residential nil rate band applies?
Q&As
Section 144 of the Inheritance Tax Act 1984 (IHTA 1984) is not available in this case as the discretionary trust was not settled by Will. A
X dies due to negligence. Y and Z are dependents of X. Y brings a dependency claim in respect of X but dies before their action is completed. Can Z bring the dependency claim of Y? Does Y’s claim die with them or would a beneficiary of Y be able to bring that same claim in respect of X?
Q&As
When issuing a dependency claim under the Fatal Accidents Act 1976, if there is an executor or administrator, but they have not brought the claim within six months of the death, then any (or all) of the dependants can bring a claim. However, only one action can be brought on behalf
X has a long lease in a block of flats. X is abroad (unknown location), but has email addresses, though he infrequently responds to emails. X’s flat is furnished but unlet and unoccupied. X has over £10,000 of service charge arrears. X refuses to engage with the freeholder via the management company. The management company now want to take action. Given that X is the leasehold owner of the flat, can a claim be served at his flat and via email, despite knowledge he is abroad, though details of his location are unknown?
Q&As
The terms of the long lease should be checked as this may specifically state the address at which all notices must be given (which would normally be the leasehold address). As it appears that the debtor is abroad (albeit the precise whereabouts are unknown), CPR 6 and in particular CPR 6.9 provide authority for where a claim form should be served in the event that the defendant does not provide an address at which they may be served. CPR 6.9(2) confirms that
X has allowed someone to live in a flat they own rent free. There is a 'tenancy agreement' in place, however, it does not refer to the Housing Act 1988. In these circumstances should a notice to quit be served as opposed to a section 8 or section 21 notice? Do accelerated possession proceedings apply to a notice to quit or only a section 21 notice?
Q&As
A tenancy may exist without an obligation to pay rent (Ashburn Anstalt v Arnold). A tenancy may be assured or an assured shorthold despite the absence of a written agreement or, as in this question, with an agreement that does not refer to the Housing Act 1988 (HA 1988). For the criteria for assured and assured shorthold tenancies, see Practice Note: Assured and
X has an immediate post-death interest under a trust set up by her father. Y, her husband has just died. X and Y jointly built the bungalow in which they both resided on land owned by the trust. The land was not transferred and remained in the trust. Should there be any valuation carried out in relation to any potential claim by Y's estate against the trust for the value of his share of the bungalow?
Q&As
We have assumed that X and Y did not pay any rent to occupy the bungalow The building constructed on the land owned by the settlement trustees and funded by X and Y will become a part of the land, so will enhance the land within the settlement. Unless Y intended to make a gift of his contribution to the construction of the bungalow without an expectation of receiving something in return, Y's estate is likely to have a claim that can be valued. It is therefore recommended that a valuation of Y’s interest in the bungalow be obtained. However, in order to conduct
X has lived in a property for 20 years on land owned by X’s father, having renovated it extensively. X’s father has now passed away and there is no provision in the will regarding the distribution of land and property being occupied by X. How should X register the land he has occupied at HM Land Registry to ensure the land is not sold by executors without X’s knowledge? The land is registered.
Q&As
The Land Registration Act 2002 The Land Registration Act 2002 (LRA 2002) was introduced in response to the Law Commission and HM Land Registry report, Land Registration for the Twenty-first Century (2001). According to LRA 2002, s 29, a person acquiring an interest under a registrable disposition for valuable consideration and having been registered successfully as owner of the interest, takes it subject to, inter alia, a person in actual occupation (LRA 2002, Sch 3, Pt 2). The LRA 2002 provides for notices and restrictions to be entered upon the Register. Notices A third party who has an interest in a particular