Section 5(1) of The Health Protection (Coronavirus, Restrictions) Regulations (Northern Ireland) 2020

“During this emergency period, no person may leave the place where they are living without reasonable excuse”

Section 5(2L) states that a reasonable excuse includes the need “to move house where reasonably necessary”

The conveyancing team of Rosemary Connolly Solicitors Ltd are taking steps to ensure that where possible conveyancing transactions can proceed to agreed completion dates as normal. Clients are therefore not held under accepted contracts with the inability to proceed.

Please contact Rosemary Connolly Solicitors Ltd on 028 4175 2131 or email emmamatthews@solicitorsni.net if you require a quotation.

McCullagh [2018] NICh 15 –

The Plaintiffs as Executors in an Estate applied to the Court to approve a variation of Will Trusts on behalf of a patient with learning disabilities who resided in residential care.

The variation was to partition a Land Trust so that the patient’s life interest would be calculated as a lump sum and added to the existing funds in the residue trust. This single fund would qualify as a Disabled persons Trust where the assets of the trust are not normally taken into account under capital assessments for means tested benefits. The patient would have no absolute right or entitlement to specified income but the trustees would have a discretion to pay income or capital to him.

McBride J stated “I am satisfied that the proposed scheme is not one designed to deprive the resident of income in order to reduce his accommodation charges” and approved the variation.