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4 King’s Bench Walk

Experts

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Chris Bryden
Chris Bryden
Barrister
4 King’s Bench Walk
Katherine Illsley
Katherine Illsley
4 King’s Bench Walk
Victoria Adams
Victoria Adams
Barrister
4 King’s Bench Walk
Contributions by 4 King’s Bench Walk Experts

1514

(A) established an inter vivos trust into which was placed her property for the benefit of her ‘descendants’. She now wishes her Will to include a number of pecuniary legacies which, in total, do exceed, and will probably exceed at death, her available (ie non trust) assets. What options are available to her in respect of the trust so that capital tied up in that trust could be released to pay, ultimately, the legacies?
(A) established an inter vivos trust into which was placed her property for the benefit of her ‘descendants’. She now wishes her Will to include a number of pecuniary legacies which, in total, do exceed, and will probably exceed at death, her available (ie non trust) assets. What options are available to her in respect of the trust so that capital tied up in that trust could be released to pay, ultimately, the legacies?
Q&As

(A) has just died and there is one named executor. One of the assets in the estate is a property currently being let by a commercial and residential tenant. The executor wants to take possession prior to administering the estate. Apart from the fact that an executor needs a grant to administer the estate (except when it is of minor value), is a grant required to take preparatory steps and then obtaining possession (ie service of notices, possession proceedings)?
(A) has just died and there is one named executor. One of the assets in the estate is a property currently being let by a commercial and residential tenant. The executor wants to take possession prior to administering the estate. Apart from the fact that an executor needs a grant to administer the estate (except when it is of minor value), is a grant required to take preparatory steps and then obtaining possession (ie service of notices, possession proceedings)?
Q&As

‘A’ has a 25% share in a property as a tenant in common and wants to settle the share onto inter vivos trusts. How can this be effected?
‘A’ has a 25% share in a property as a tenant in common and wants to settle the share onto inter vivos trusts. How can this be effected?
Q&As

A and B are co-owners of freehold property. They have exchanged a contract to sell it to C and the completion date has passed. A wants to serve a notice to complete on C, but B does not wish to do so. Can A do so unilaterally?
A and B are co-owners of freehold property. They have exchanged a contract to sell it to C and the completion date has passed. A wants to serve a notice to complete on C, but B does not wish to do so. Can A do so unilaterally?
Q&As

A and B jointly own a property subject to a Form A restriction. B historically lost capacity and appointed A as their sole attorney. Can A exercise their own statutory powers as trustee and those of B as attorney in order to appoint a new trustee along with A and B so as to give a good receipt for the capital monies arising on a sale of the property?
A and B jointly own a property subject to a Form A restriction. B historically lost capacity and appointed A as their sole attorney. Can A exercise their own statutory powers as trustee and those of B as attorney in order to appoint a new trustee along with A and B so as to give a good receipt for the capital monies arising on a sale of the property?
Q&As

A and B made an oral agreement to transfer land from A to B, B agreeing to fund and erect a fence on the new boundary, however the land was never legally transferred to B. B then sold its land to C. Can C rely on B’s conduct to claim an equity by estoppel in an application for adverse possession? What if A has since sold its land to D?
A and B made an oral agreement to transfer land from A to B, B agreeing to fund and erect a fence on the new boundary, however the land was never legally transferred to B. B then sold its land to C. Can C rely on B’s conduct to claim an equity by estoppel in an application for adverse possession? What if A has since sold its land to D?
Q&As

A and B own adjoining properties with a hedgebank separating them. The title deeds make it clear that B owns the hedgebank. Is there any authority for the proposition that the boundary line between the two properties should be at the point that the vertical meets the horizontal on the side of the hedgebank nearest A? The properties were previously in sole ownership and so the hedge and ditch rule does not apply.
A and B own adjoining properties with a hedgebank separating them. The title deeds make it clear that B owns the hedgebank. Is there any authority for the proposition that the boundary line between the two properties should be at the point that the vertical meets the horizontal on the side of the hedgebank nearest A? The properties were previously in sole ownership and so the hedge and ditch rule does not apply.
Q&As

A buyer, after exchange, has granted a tenancy and is receiving rental income, but completion has been delayed and is yet to take place. What options are open to the seller? Must the buyer account to the seller for the rental income received between exchange and completion?
A buyer, after exchange, has granted a tenancy and is receiving rental income, but completion has been delayed and is yet to take place. What options are open to the seller? Must the buyer account to the seller for the rental income received between exchange and completion?
Q&As

A buys a part of a registered parcel of land from B, but then fails to register the transfer of part at HM Land Registry. B then sells the whole of the original parcel of land to C. What can A register at HM Land Registry to protect the original purchase of part, a notice, a restriction or both?
A buys a part of a registered parcel of land from B, but then fails to register the transfer of part at HM Land Registry. B then sells the whole of the original parcel of land to C. What can A register at HM Land Registry to protect the original purchase of part, a notice, a restriction or both?
Q&As

A charitable trust is looking to dissolve. The trust will spend all of its funds accordingly. What is the practical process for winding up a trust and, more specifically, what resolutions must be passed at the final meeting(s) of the board of trustees?
A charitable trust is looking to dissolve. The trust will spend all of its funds accordingly. What is the practical process for winding up a trust and, more specifically, what resolutions must be passed at the final meeting(s) of the board of trustees?
Q&As

A child arrangements order (CAO) was made in relation to contact. The parties then reconciled and the CAO was not adhered to. They then separated again and contact broke down. Has the original CAO lapsed due to the reconciliation and a fresh application to the court required, or can the original CAO be enforced?
A child arrangements order (CAO) was made in relation to contact. The parties then reconciled and the CAO was not adhered to. They then separated again and contact broke down. Has the original CAO lapsed due to the reconciliation and a fresh application to the court required, or can the original CAO be enforced?
Q&As

A child has been brought to England from Ukraine. The father has commenced proceedings under the Children Act 1989 to prevent the child’s removal. The mother disputes jurisdiction and has made an application for return of the child to Ukraine under the Hague Convention. Ukraine is subject to Martial law and the Foreign, Commonwealth and Development Office advice is against all travel there. What is the legal impact of this on any application under the Hague Convention?
A child has been brought to England from Ukraine. The father has commenced proceedings under the Children Act 1989 to prevent the child’s removal. The mother disputes jurisdiction and has made an application for return of the child to Ukraine under the Hague Convention. Ukraine is subject to Martial law and the Foreign, Commonwealth and Development Office advice is against all travel there. What is the legal impact of this on any application under the Hague Convention?
Q&As

A child is born to unmarried parents outside the UK. The mother and child then move to England. The mother seeks sole parental responsibility for the child. Will the father’s parental responsibility be determined in accordance with the law in the child’s place of birth or in accordance with law in England and Wales?
A child is born to unmarried parents outside the UK. The mother and child then move to England. The mother seeks sole parental responsibility for the child. Will the father’s parental responsibility be determined in accordance with the law in the child’s place of birth or in accordance with law in England and Wales?
Q&As

A child is subject to a supervision order made under section 31 of the Children Act 1989. The court allowed the mother to take the child out of the jurisdiction to another EU country for a relative's funeral. The mother is now refusing to return the child. What steps may be taken by the local authority to return the child to this jurisdiction?
A child is subject to a supervision order made under section 31 of the Children Act 1989. The court allowed the mother to take the child out of the jurisdiction to another EU country for a relative's funeral. The mother is now refusing to return the child. What steps may be taken by the local authority to return the child to this jurisdiction?
Q&As

A child is subject to an interim care order, and the local authority propose that the care proceedings be concluded, and a child arrangements order be made instead. In addition, the local authority says it will support the child’s grandmother as to an application for a special guardianship order in a few months’ time. What are the factors that should be considered as to the appropriate course of action, in particular as to support for the grandmother including financial support?
A child is subject to an interim care order, and the local authority propose that the care proceedings be concluded, and a child arrangements order be made instead. In addition, the local authority says it will support the child’s grandmother as to an application for a special guardianship order in a few months’ time. What are the factors that should be considered as to the appropriate course of action, in particular as to support for the grandmother including financial support?
Q&As

A child lives with her English mother in Egypt. The child’s father lives in the UK. Does the English court have jurisdiction to hear an application in relation to the child under section 8 of the Children Act 1989? What steps can the father take to prevent the mother from moving to Thailand with the child?
A child lives with her English mother in Egypt. The child’s father lives in the UK. Does the English court have jurisdiction to hear an application in relation to the child under section 8 of the Children Act 1989? What steps can the father take to prevent the mother from moving to Thailand with the child?
Q&As

A child periodical payments order was made (in a consent order on divorce), to end on the child completing their secondary education or attaining the age of 18, and has now lapsed. Can the child now apply for provision for their tertiary education? Does paragraph 2(3) of Schedule 1 to the Children Act 1989 prevent such an application being made? If the child cannot apply, can the parent with care apply on their behalf?
A child periodical payments order was made (in a consent order on divorce), to end on the child completing their secondary education or attaining the age of 18, and has now lapsed. Can the child now apply for provision for their tertiary education? Does paragraph 2(3) of Schedule 1 to the Children Act 1989 prevent such an application being made? If the child cannot apply, can the parent with care apply on their behalf?
Q&As

A child was placed with kinship carers by local authority (LA) A, which subsequently agreed to another child being placed with the same carers by LA B pending an assessment of the carers as to their suitability to be foster carers. The care plan for both children is for special guardianship orders to be made. In such circumstances, which local authority should deal with the foster care temporary approval and reviews for the second child?
A child was placed with kinship carers by local authority (LA) A, which subsequently agreed to another child being placed with the same carers by LA B pending an assessment of the carers as to their suitability to be foster carers. The care plan for both children is for special guardianship orders to be made. In such circumstances, which local authority should deal with the foster care temporary approval and reviews for the second child?
Q&As

A child whose parents were not married lives in this jurisdiction with one of their parents. The non-resident parent lives in a non-EU country, has never paid maintenance and refuses to do so. Can the courts in this jurisdiction make a maintenance order and what would be the procedure for such an application?
A child whose parents were not married lives in this jurisdiction with one of their parents. The non-resident parent lives in a non-EU country, has never paid maintenance and refuses to do so. Can the courts in this jurisdiction make a maintenance order and what would be the procedure for such an application?
Q&As

A child’s birth certificate incorrectly detailed an individual as the father and a DNA test was obtained to confirm who the child’s biological father is. The mother wishes to make an application for declaration of parentage under Section 55A of the Family Law Act 1986 and all three parties (the biological mother and father and the man incorrectly listed as the father on the birth certificate) agree to rectifying the subject child’s birth certificate. Can such an application be made by consent, or must an application be made?
A child’s birth certificate incorrectly detailed an individual as the father and a DNA test was obtained to confirm who the child’s biological father is. The mother wishes to make an application for declaration of parentage under Section 55A of the Family Law Act 1986 and all three parties (the biological mother and father and the man incorrectly listed as the father on the birth certificate) agree to rectifying the subject child’s birth certificate. Can such an application be made by consent, or must an application be made?
Q&As

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