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Navigating a TOLATA claim?

A TOLATA (Trusts of Land and Appointment of Trustees Act 1996) claim can be a complex process. The best method for avoiding a TOLATA claim is to prevent one arising in the first place by taking pre-emptive measures with any cohabitees. A written agreement between the parties can save a wealth of time and expense on protracted court proceedings.

Managing disrepair claims

As a landlord, you have obligations under S11 of the Housing Act 1987 to keep your property in good repair. In particular, you are responsible for:

Purchasing property with another member of the family

It is not unusual for property to be co-owned by family members within a farming family, regardless of whether or not those members are actively involved in the farming business.

Coronavirus: financial pressures for retail, hospitality and other businesses

Commercial leases are unlikely to include provision for rent suspension in circumstances of a health epidemic and tenants will be left to try and negotiate a rent-free period or discounted rent with their landlord.

Flurry of Inheritance Act 1975 cases

There has been a flurry of Inheritance Act 1975 cases in the last few weeks, most recently the case of Re H where an adult child claimant was successful despite her being estranged from her father and having had no financial assistance from him for a number of years prior to his death, and he had left his estate to his elderly and disabled spouse.

HMRC should brace itself for challenges as Tribunal rules in favour of dentist who used remuneration trust scheme

A recent decision by the First-tier Tribunal has decided that contributions to, and subsequent loans from, a remuneration trust scheme were not ‘earnings’ or disguised remuneration.

Trust assets maladministered

I acted for the beneficiary of a trust who was concerned that trust assets to which he was entitled had been maladministered.

The Commercial Rent Arrears (Coronavirus) Bill - a route map to new normal

The Government has now published the long-awaited Commercial Rent (Coronavirus) Bill which contains details of the proposed arbitration scheme intended to deal with unpaid rent arrears accrued during the pandemic.

Legal guide to eCommerce

When thinking of starting a new business venture or growing a current retail operation, many people look to the internet as the most effective and cost efficient route to market.

Challenging a will: Inheritance Act or Larke v Nugus?

If you have been left out of a will or are a ‘disappointed beneficiary’ in that you have not received what you expected, you may be able to challenge it using a Larke v Nugus request if the will was drafted by a solicitor. It is important to distinguish this type of challenge from making a claim for financial provision under the Inheritance Act which would proceed on the basis that the will is valid.