9 Stone Buildings

Where an individual signed a deed of gift which transferred a real property to their children, but the property was sold before legal title had been transferred to the children and where the individual then signed cheques representing the proceeds five months later, were the gifts complete and if so, when—on the execution of the deed of gift or on the signing of the cheques representing the proceeds? The deceased died more than seven years after signing the deed of gift but less than seven years after signing the cheques.

Where the donor of a registered property and financial affairs lasting power of attorney (LPA) has lost capacity, does their attorney need to apply for Court of Protection approval to transfer assets to a bare Personal Injury trust of which the donor of the LPA is the sole beneficiary?

Where the sole surviving trustee of a trust has lost capacity and there is nobody else with the power to appoint new trustees, does the property and affairs deputy of the incapacitated trustee have power to appoint new trustees and/or do the executors of a deceased trustee have any powers to make such an appointment?

Why do some limitation of liability clauses in commercial agreements exclude liability for loss of: profit; revenue (or turnover); and business; what do each of those exclusions potentially cover and is it useful to refer to all of those heads of loss when seeking to exclude financial liability? To what extent do they cover the same losses?

Will the purchase of a property be subject to higher SDLT rates if individual purchasers have recently transferred their existing property for value to a Special Purpose Vehicle (SPV) in which they have a controlling interest?

Would an uncashed cheque solely in respect of personal injury be considered a ‘thing in action’ in bankruptcy? If so, would the trustee in bankruptcy therefore be obliged to ensure that the money was paid to the bankrupt?

Would the residence nil rate band be available where a married couple make Wills leaving their respective shares in the family home (held as tenants in common) on trust for the survivor of them and then to their children absolutely on the second death?