The following Private Client Q&A Produced in partnership with Marisa Lloyd of Parklane Plowden Chambers provides comprehensive and up to date legal information covering:
An executor derives his title and authority from the will of his testator. Therefore, the property of the deceased, including any right of action, vests in the executors on the testator's death.
The clause in the Will which provides for the appointment of 'my solicitors … and no more than two of the partners' to be executors and trustees of the Will is not specific as to the individual solicitors to be appointed.
In accordance with previous case law, the clause is likely to be viewed as the appointment of all the partners
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On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.
An ad hoc arbitration is any arbitration in which the parties have not selected an institution to administer the arbitration. This offers parties flexibility as to the conduct of the arbitration, but less external support for the process. It can be quicker than institutional arbitration but not if
Overlapping insurance policesThere are various reasons why an insured may end up with overlapping insurance cover, whether deliberately or otherwise.Examples include the situation where the insured takes the benefit of other insurance arranged by another party or where, in the commercial world, risk
Definition of automatismAn act is done in a state of automatism if it is done by the body without control by the mind, (eg it is a spasm or a reflex), or if it is done by a person who is not conscious of what they are doing. The act may be described as involuntary, but will not be regarded as such
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