LEXISNEXIS_ICON4_SIGNIN Contact us
Contact us

New Square Chambers

Experts

10

Filter by: Practice area
Aidan Briggs
Aidan Briggs
Barrister and Mediator
New Square Chambers
Alexander Learmonth
Alexander Learmonth , KC
Barrister
New Square Chambers
Christopher Snell
Christopher Snell
New Square Chambers
James McKean
James McKean
Barrister
New Square Chambers
James Saunders
James Saunders
Barrister
New Square Chambers
James Davies
James Davies
New Square Chambers
Jessica Powers
Jessica Powers
Barrister
New Square Chambers
Leigh Sagar
Leigh Sagar
Barrister
New Square Chambers
Mark Hubbard
Mark Hubbard
Barrister
New Square Chambers
Sarah Egan
Dr. Sarah Egan
Barrister
New Square Chambers
Contributions by New Square Chambers Experts

101

A Will appoints a sole executor with additional wording ‘If a trust is created in my Will and no appointment of a trustee is made in relation to that trust, I direct that my Executor shall be appointed as my trustee hereinafter referred to as “my trustees” which expression shall included the trustee or trustees for the time being hereof’. The Will also creates a life interest and appoints the life tenant as sole trustee. Does another trustee of the life interest need to be appointed, and if so, how?
A Will appoints a sole executor with additional wording ‘If a trust is created in my Will and no appointment of a trustee is made in relation to that trust, I direct that my Executor shall be appointed as my trustee hereinafter referred to as “my trustees” which expression shall included the trustee or trustees for the time being hereof’. The Will also creates a life interest and appoints the life tenant as sole trustee. Does another trustee of the life interest need to be appointed, and if so, how?
Q&As

An assured shorthold tenancy (AST) was granted for a fixed term of six months and is now a statutory periodic tenancy: can a section 21 notice be served if a failure to serve an EPC certificate and gas safety certificate is corrected (we are aware that a failure to serve the prescribed information can be rectified and a section 21 notice then validly served); where the tenant pays part of the rent and the rest is paid by social security, can the landlord serve a section 8 notice where only the part paid by the tenant is in arrears for two months?; is the landlord restricted from obtaining possession where he has failed to notify his mortgage lender that he has let out the property?
An assured shorthold tenancy (AST) was granted for a fixed term of six months and is now a statutory periodic tenancy: can a section 21 notice be served if a failure to serve an EPC certificate and gas safety certificate is corrected (we are aware that a failure to serve the prescribed information can be rectified and a section 21 notice then validly served); where the tenant pays part of the rent and the rest is paid by social security, can the landlord serve a section 8 notice where only the part paid by the tenant is in arrears for two months?; is the landlord restricted from obtaining possession where he has failed to notify his mortgage lender that he has let out the property?
Q&As

Are there any disguised remuneration consequences of leaving shares to an employee under a Will?
Are there any disguised remuneration consequences of leaving shares to an employee under a Will?
Q&As

At what stage of a divorce or dissolution of civil partnership would the survivor of a couple no longer be entitled under the intestacy rules as a 'spouse' or 'civil partner' on the death of the other and what is the authority for this?
At what stage of a divorce or dissolution of civil partnership would the survivor of a couple no longer be entitled under the intestacy rules as a 'spouse' or 'civil partner' on the death of the other and what is the authority for this?
Q&As

Can a commercial landlord enter and remove its fixtures where the tenant has not complied with it obligation to maintain them? Are there any risks?
Can a commercial landlord enter and remove its fixtures where the tenant has not complied with it obligation to maintain them? Are there any risks?
Q&As

Can a person be a first-time buyer for the purposes of stamp duty land tax (SDLT) relief where, by Will, they were left a share of residue of an estate which included a property which is sold by the personal representatives (PRs) so that the person receives money only from the estate?
Can a person be a first-time buyer for the purposes of stamp duty land tax (SDLT) relief where, by Will, they were left a share of residue of an estate which included a property which is sold by the personal representatives (PRs) so that the person receives money only from the estate?
Q&As

Can a qualifying lease be extended more than once under the Leasehold Reform, Housing and Urban Development Act 1993?
Can a qualifying lease be extended more than once under the Leasehold Reform, Housing and Urban Development Act 1993?
Q&As

Can an order be granted under the Trusts of Land and Appointment of Trustees Act 1996 for the transfer of one co-owner’s interest in a property to the other co-owner where the latter wants to sell the property instead to achieve the highest price? The co-owners are tenants in common under a declaration of trust which is silent on the issue other than to confirm that the property will not be sold before a specified date.
Can an order be granted under the Trusts of Land and Appointment of Trustees Act 1996 for the transfer of one co-owner’s interest in a property to the other co-owner where the latter wants to sell the property instead to achieve the highest price? The co-owners are tenants in common under a declaration of trust which is silent on the issue other than to confirm that the property will not be sold before a specified date.
Q&As

Can the employee of a company act as a witness to the signature of a deed on behalf of that company?
Can the employee of a company act as a witness to the signature of a deed on behalf of that company?
Q&As

Can the holder of a beneficial interest in a property pursuant to a resulting or constructive trust grant an assured shorthold tenancy?
Can the holder of a beneficial interest in a property pursuant to a resulting or constructive trust grant an assured shorthold tenancy?
Q&As

Case study—what are the implications for in a situation where electricity cables run under a plot of land, but there is no evidence of a deed of grant or wayleave in relation to them?
Case study—what are the implications for in a situation where electricity cables run under a plot of land, but there is no evidence of a deed of grant or wayleave in relation to them?
Q&As

Company X has a first legal charge secured against a property. The second legal charge holder is in the process of issuing possession proceedings. If the second charge holder successfully obtains possession order, how will this effect Company X’s first legal charge? For example, will the second charge holder need to pay Company X before they can do anything with the property, ie sell the property?
Company X has a first legal charge secured against a property. The second legal charge holder is in the process of issuing possession proceedings. If the second charge holder successfully obtains possession order, how will this effect Company X’s first legal charge? For example, will the second charge holder need to pay Company X before they can do anything with the property, ie sell the property?
Q&As

Do statutory water undertakers have the power to lay foul sewers on private land?
Do statutory water undertakers have the power to lay foul sewers on private land?
Q&As

Does the principle held in Wheeldon v Burrows apply retrospectively?
Does the principle held in Wheeldon v Burrows apply retrospectively?
Q&As

How can a declaration of trust be brought to an end?
How can a declaration of trust be brought to an end?
Q&As

If a creditor claims inclusive of value added tax (VAT) on their proof of debt, can the office holder compel them to reclaim their VAT and only admit claim net of VAT or must the office holder accept their decision not to reclaim VAT?
If a creditor claims inclusive of value added tax (VAT) on their proof of debt, can the office holder compel them to reclaim their VAT and only admit claim net of VAT or must the office holder accept their decision not to reclaim VAT?
Q&As

If a Will leaves a specific legacy of a property free of any mortgage on the property but the deceased only owned a part share of the property at death, are there any general rules of interpretation as to whether the whole of the mortgage would need to be settled from residue or only a proportion in line with the deceased’s share of the property? Would this affect the level of deduction in relation to the mortgage for Inheritance tax purposes?
If a Will leaves a specific legacy of a property free of any mortgage on the property but the deceased only owned a part share of the property at death, are there any general rules of interpretation as to whether the whole of the mortgage would need to be settled from residue or only a proportion in line with the deceased’s share of the property? Would this affect the level of deduction in relation to the mortgage for Inheritance tax purposes?
Q&As

If the Court of Protection has authorised the purchase of P's property to be held in the names of the trustees and one of those trustees wishes to retire and be replaced, is Court of Protection approval needed or can this be done using a deed of retirement and appointment of trustees? The wording in the order is ‘The property shall be held on trust for XXX in accordance with the draft trust deed filed with the court save that XXX of XXX Solicitors shall act as one of the trustees. The other trustees shall be XXX, XXX and the Deputy XXX’.
If the Court of Protection has authorised the purchase of P's property to be held in the names of the trustees and one of those trustees wishes to retire and be replaced, is Court of Protection approval needed or can this be done using a deed of retirement and appointment of trustees? The wording in the order is ‘The property shall be held on trust for XXX in accordance with the draft trust deed filed with the court save that XXX of XXX Solicitors shall act as one of the trustees. The other trustees shall be XXX, XXX and the Deputy XXX’.
Q&As

In a business-to-business relationship, where the parties agreed a variation to a set of standard terms and conditions for the initial supply of services, would that variation be binding upon subsequent supplies which only referenced the non-varied standard terms and conditions?
In a business-to-business relationship, where the parties agreed a variation to a set of standard terms and conditions for the initial supply of services, would that variation be binding upon subsequent supplies which only referenced the non-varied standard terms and conditions?
Q&As

In a notice of the assignment of a lease, is it sufficient to provide the assignee's address after the lessee's name, eg Mr X of xxxx or does the address need to be particularly specified as being the address for service?
In a notice of the assignment of a lease, is it sufficient to provide the assignee's address after the lessee's name, eg Mr X of xxxx or does the address need to be particularly specified as being the address for service?
Q&As

First 2 3 4 5 6 Last

If you expected to see yourself on this page, click here.