Test – Page 179
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FeatureStatement of play
Hannah Collins provides an update on some of the property-related measures announced in the Autumn Statement 2013, and how they will affect clients – and their advisers – including charities, foreign investors and residential and commercial landlords
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FeatureA helping hand
The Help to Buy scheme launched almost one year ago, but many solicitors have still not had to deal with it in practice. Kathryn Taylor explains what it is, how it works, and the solicitor’s role within it
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FeatureGoing under
Iain Miller looks at the risks of giving or relying on undertakings, outlines enforcement options, and considers the impact of outcomes-focused regulation
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FeatureSeparate but equal
In the second of our series of articles in association with Land Registry, Richard Heaney looks at the use of notices and restrictions to protect third party interests in land and property when a marriage or civil partnership ends
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FeatureGreat distress
April sees the introduction of commercial rent arrears recovery, replacing the common law remedy of distress. But the new regime is significantly more limited in scope, and could spell real problems for commercial landlords. Warren Gordon explains
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FeatureLease is the word
Residential leasehold law can sometimes be a complex area of the law to navigate. Anthony Essien explains how the Leasehold Advisory Service can help guide leaseholders, landlords and lawyers alike
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FeatureFirst place
The old, much criticised leasehold tribunal system was replaced last summer by the new Property Chamber of the First-Tier Tribunal. Michael Donnellan explains the key differences and practical points for landlord and tenant solicitors
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FeatureGiving pause
Simon Edwards and Fenella Morris examine some recent cases around gifts made from the estate of a person without mental capacity, and consider the thorny question of gifts where ‘P’ has and had no comprehension of giving
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FeatureStuck in the middle
Christine Green and Fiona Lawrence provide a first-hand account of how challenging the role of independent administrator can be, describing a recent case in which Christine was the court-appointed administrator led to make an application for directions due to one beneficiary’s conduct
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FeatureBack to basics 31: Family home-sharing
Timothy Gibbons considers the legal positions of inter-generational home-sharers, to identify the possible dangers and disadvantages of home-sharing, the extent to which these issues can be overcome by professional advice, and the value of various kinds of legal arrangement
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FeatureSecuring the future
For clients who have disabled children, one of their main priorities will be supporting their children financially after their death. Daniel Sheridan outlines the options, including wills and trusts, and their implications for tax and benefits
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AnalysisCan the court order rectification without determining a mistake?
Lesley King analyses two cases which emphasise the importance of cautious will drafting to avoid problems further down the line.
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Analysis
Catling v Catling
A contentious probate case brought by the seven eldest children of the late testator, who challenged the validity of her alleged last will, which purported to leave her entire estate to the first defendant, her eighth and youngest son.
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Analysis
Kevern v Ayres
The High Court considered whether it could order rectification of a deed without determining whether there had been a mistake.
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Analysis
Re Nicholas Christou (Deceased)
A challenge to a will on the basis that it was a forged document, and that the testator did not understand fully and approve its contents.
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Analysis
Great Western Hospitals NHS Foundation Trust v AA
The High Court granted permission for the Trust to carry out a Caesarean section on a woman suffering from bipolar disorder.
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Analysis
IM v LM and others
The Court of Appeal held that the test for determining whether a person enjoyed capacity to marry or experience sexual relations included an evaluation of the person’s ability to use relevant information.