Before probate, executors are able to do all things that pertain to the executorial office. This includes making a conveyance or assignment of realty. It should be noted that as the only evidence of their title is the grant, they will be unable to proceed beyond the stage at which it becomes necessary to prove their title. However, we are not aware of any reason why contracts cannot be exchanged so long as they are conditional on probate being granted to the executors/sellers. Such a contract

This Q&A assumes that the intention is that the proposed disclaimer should fall within section 142 of the Inheritance Tax Act 1984 (IHTA 1984). On a variation or a disclaimer by a beneficiary of the beneficiary's entitlement under a Will or the intestacy rules, the beneficiary will be treated as never having been entitled for inheritance tax purposes, provided that the conditions in IHTA 1984, s 142 are met. IHTA 1984, s 142(1) provides: ‘142 Alteration of dispositions taking effect on death (1) Where within the period of two years after a person's death: (a) any of the dispositions (whether effected by will, under the law relating to intestacy or otherwise) of the property comprised in his estate immediately before his death are varied, or (b) the benefit conferred by any of those dispositions is disclaimed, by an instrument in writing made by the persons or any of the persons who benefit or would benefit under the dispositions,

Domestic animals are classified by the common law as chattels. Paragraph (x) of section 55(1) of the Administration of Estates Act 1925 (AEA 1925) defines ‘personal chattels’ as follows: ‘“…(x) Personal chattels” means tangible movable property, other than any such property which— consists of money or securities for money, or was used at the death of the intestate solely or mainly for business purposes, or was held at the death of the intestate solely as an investment.’ This

If a company proposes to make loans or extend credit to its directors for any purpose, it will need to consider the impact of the UK’s Consumer Credit Act 1974 (CCA 1974) and the consumer credit legislation under the Financial Services and Markets Act 2000 (FSMA 2000). We refer you to Practice Note: Consumer credit—loans to employees and directors and employee share schemes which provides useful guidance on this topic. Loans

This Q&A assumes that the part interest in the property is an undivided share of land. Section 102B of the Finance Act 1986 (FA 1986) provides that where a gift of an undivided share of an interest in land is made on or after 9 March 1999, it is

This Q&A considers whether exploitation of intellectual property (IP) can be a trading activity so that it is a ‘trading company’ for the purposes of determining whether a disposal is a material disposal for entrepreneurs’ relief. Details of the trading test and when it applies are found in Practice Note: CGT—business asset disposal relief (formerly entrepreneurs' relief). A company is a trading company under section 165A(3) of the Taxation of Chargeable Gains Act 1992 (TCGA 1992) if it is carrying on trading activities whose activities do not include to a substantial extent activities other than trading activities. Trading activities are defined as, among other things, activities carried on in the course of or for the purposes of a trading being carried on by it. The other elements of trading activities relate to preparing or starting to carry on a trade or acquire a company carrying on a trade and are not considered further in this Q&A. Trade is defined in TCGA 1992, s 165A(14)

There are two potential causes of action against the Will draftsman for a failure to provide advice on a claim under Inheritance (Provision for Family and Dependents) Act 1975 (I(PFD)A 1975): • by a disappointed beneficiary who, as a result of a successful claim brought by a claimant under I(PFD)A 1975, sees their entitlement under the testator’s Will reduced. This claim will fail for a lack of causation as it is the order of the court in the claim under I(PFD)A 1975 that will cause the loss to the disappointed beneficiary and not the negligence

It is assumed for the purposes of this answer that the application for divorce was issued on or after 6 April 2022. It is also assumed that it is the applicant for divorce who is to make the application for a final order earlier than the normal timeframe and that the conditional order has not been made in favour of both parties. The court has the power to shorten the six week period referred to in section 1(4)(b)

Can the financial consequences of planning decisions on local businesses be regarded as material considerations? Section 70(2) of the Town and Country Planning Act 1990 states: ‘In dealing with [an application for planning permission or permission in principle] the authority shall have regard to the provisions of the development plan, so far as material to the application, and to any other material considerations.’ Section 38(6) of the Planning and Compulsory Purchase Act 2004 states: ‘If regard is to be had to the development plan for the purpose of any determination to be made under the planning Acts the determination must be made in accordance with the plan unless material considerations indicate otherwise.’ There is a long line of case law on what constitutes ‘material considerations’. A summary is as follows: • whether or not a particular consideration is material is a matter of law for the court: Tesco

There is detailed discussion of the elements of costs that can and cannot be recovered under section 60 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) in Commentary: Costs—s 60: Butterworths Property Law Service [1267]. As to part (1) of the question, it has been held in several decisions of the First-tier Tribunal that

The pre-completion transaction (PCT) rules apply to PCTs entered into on or after 17 July 2013 (Schedule 2A to the Finance Act 2003 (FA 2003)). The rules replaced the subsale rules that were contained in FA 2003, s 45. The rules are complex and contain elaborate anti-avoidance provisions. The rules apply when: • a person (the original purchaser) enters into a contract (the original contract) for the acquisition by that person of a

Where parties buy property in joint names: • without making an express declaration as to their beneficial interests, and • contribute towards the purchase money or property in equal shares they hold the property as beneficial joint tenants under a Resulting Trust, unless there is evidence of a contrary intention at the time of the purchase. If they contributed to the purchase money in unequal shares, they are tenants in common in proportion to their contributions, subject to any rebuttal evidence. A constructive trust arises where one party’s conduct means it would be inequitable to allow them to