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May 1, 2017

This post briefly discusses three questions:

1.   What is the legal basis for claiming equitable compensation for breach of fiduciary duty?

2.   Is a tenant in common (‘A’) potentially liable to a personal representative (‘B’) of a deceased co-owner (‘C’), to pay equitable compensation for loss of development value (‘DV’), on the grounds of breach of fiduciary duty, where A has applied for a sale of land under s.14 of the Trusts of Land and Appointment of Trustees Act 1996 (TLATA) as a...

February 6, 2017

Introduction

‘FAs 2015 and 2016 have introduced a residence nil-rate band which enormously complicates the drafting of wills…’ ‘Drafting Trusts And Will Trusts – A Modern Approach’, by James Kessler QC & Charlotte Ford (13th Edition) (December 2016) (‘Kessler’).

‘Although the intention is to ensure that the house can be passed on death with the benefit of the additional nil rate band, this is not how the rules work. The extra nil rate band is set off against the chargeable estate and so reduces t...

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