The following Wills & Probate practice note provides comprehensive and up to date legal information covering:
An application for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) cannot be issued after the end of six months from the date on which a grant to the estate is first taken out without the permission of the court. It is immaterial whether or not the claim was served on the defendants within the six months. For deaths before 1 October 2014, claims issued before the grant of representation could be struck out as being premature although if a grant was issued prior to the hearing, this breach would usually be waived but for deaths on or after 1 October 2014, the claim may now be issued prior to the issue of a grant or representation following the amendment of I(PFD)A 1975 by Inheritance and Trustees' Powers Act 2014 (ITPA 2014), Sch 2, para 6.
The date that the grant was first taken out is the date that a grant of representation in common form was issued and no further period of time as initiated by the subsequent issue of a further grant or by the issue of a grant in solemn form. A grant is not deemed to have been first taken out if it is limited to settled land or to trust property. Similarly, a grant limited to real or personal estate is ignored
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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.
Part 8 of the Corporation Tax Act 2009 (CTA 2009) is a specific corporation tax regime that applies exclusively to the gains and losses of intangible fixed assets. Note, however, that certain intangible fixed assets are excluded from the regime, see Practice Note: Excluded intangible fixed
What is recklessness?In respect of some statutory offences and common law crimes the prosecution are required to prove a mental element of recklessness on the part of the defendant.Recklessness means unjustified risk taking on the part of the accused.Prior to the House of Lords decision in Re G
Produced with input from Rebecca Cousin of Slaughter and May on market practice.This Practice Note summarises the rules and guidance in relation to parties who are, or may be presumed to be, acting in concert for the purposes of The City Code on Takeovers and Mergers (the Code). In particular the
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