Execution

Practice notes

Verification of documents and information

Verification of documents and informationCoronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by procedural...

21st Jul

Q&As

What specific information should be included in the main body of a statutory declaration? And what information should the solicitor provide to the client before the client agrees to continue with a statutory declaration?

What specific information should be included in the main body of a statutory declaration? And what information should the solicitor provide to the...

20th Jul

Q&As

A trust deed includes an express power for the settlor to appoint trustees. Does this power enable the settlor to appoint a trustee in their Will that will come into effect on their death?

A trust deed includes an express power for the settlor to appoint trustees. Does this power enable the settlor to appoint a trustee in their Will that...

15th Jul

Q&As

How many trustees should sign a contract for it to be binding on all trustees? Does it make any difference if the trust is an occupational pension scheme?

How many trustees should sign a contract for it to be binding on all trustees? Does it make any difference if the trust is an occupational pension...

15th Jul

Q&As

What information do you have concerning the execution of guarantees by trustees?

What information do you have concerning the execution of guarantees by trustees?For the purposes of this Q&A it is assumed that:•the trust in question...

15th Jul

Q&As

Where a seller comprises two individual trustees and a corporate trustee and they sign a sale agreement in counterpart agreements, are the signatories able to sign three different counterparts or do they all need to sign one and the same single counterpart agreement?

Where a seller comprises two individual trustees and a corporate trustee and they sign a sale agreement in counterpart agreements, are the signatories...

14th Jul

Practice notes

Execution formalities—individuals

Execution formalities—individualsThis Practice Note provides guidance on the proper execution of simple contracts and deeds for individuals. It covers...

14th Jul

Practice notes

Electronic signatures

Electronic signaturesCoronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by procedural changes in response...

14th Jun

COVID-19

In-house

Q&As

Are mixed signings permissible? For example where one party to a deed signs a counterpart in wet ink and another signs a counterpart with an electronic signature; where one counterpart is wet ink signed and the other counterpart is signed by virtual means (a Mercury signature); or where one counterpart has a Mercury signature and the other counterpart has been signed with an electronic signature.

Are mixed signings permissible? For example where one party to a deed signs a counterpart in wet ink and another signs a counterpart with an...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 6th Jun

COVID-19

Q&As

If a deed of variation has been signed and witnessed by all parties but is undated, is it deemed to be valid? There is no external evidence to suggest the date that all parties signed and it is unclear if they intended the deed to be valid before it was dated.

If a deed of variation has been signed and witnessed by all parties but is undated, is it deemed to be valid? There is no external evidence to suggest...

6th Jun

Q&As

How do you terminate a deed poll relating to a trust? Would all of the beneficiaries need to agree to this?

How do you terminate a deed poll relating to a trust? Would all of the beneficiaries need to agree to this?A deed poll is a deed made by and...

5th Jun

Q&As

When can a mistake in an executed deed be rectified by a manuscript amendment rather than by a deed of rectification?

When can a mistake in an executed deed be rectified by a manuscript amendment rather than by a deed of rectification?This Q&A explains when it is...

Produced in partnership with Emma Holland of Stewarts Law 5th Jun

Q&As

A trust deed is being drafted in order to put a couple of life policies in trust. The settlor and the two trustees are currently living in different jurisdictions. Is it possible for the parties to sign separate counterparts to the deed? Is it possible for the settlor and trustees to sign a deed electronically?

A trust deed is being drafted in order to put a couple of life policies in trust. The settlor and the two trustees are currently living in different...

5th Jun

Q&As

What would happen if a gift of property is made by deed and the recipient of the gift dies on the same day? Does it matter that only the donor signed the deed of gift and not the recipient?

What would happen if a gift of property is made by deed and the recipient of the gift dies on the same day? Does it matter that only the donor signed...

5th Jun

Q&As

How can a third party enforce rights under a deed to which it is not a party?

How can a third party enforce rights under a deed to which it is not a party?Privity of contract'Privity of contract' is a common law doctrine, which...

5th Jun

Q&As

Can a deed be signed abroad and witnessed by a foreign national?

Can a deed be signed abroad and witnessed by a foreign national?This response assumes that the deed is executed by an individual.This response...

Produced in partnership with Cecilia Xu Lindsey of 9 Stone Buildings 5th Jun

Q&As

Can two attorneys sign a deed in lieu of two directors signing, or does it have to be one attorney and one witness?

Can two attorneys sign a deed in lieu of two directors signing, or does it have to be one attorney and one witness?Documents executed as deeds must be...

5th Jun

Q&As

Can a poor-quality signed copy document be re-executed by the parties and backdated as signed at the original date of signature?

Can a poor-quality signed copy document be re-executed by the parties and backdated as signed at the original date of signature?Ensuring that a...

5th Jun

Q&As

Can certified copies of documents be sent/received by email? Is a certified copy of a document sent/received by email a 'true copy'?

Can certified copies of documents be sent/received by email? Is a certified copy of a document sent/received by email a 'true...

5th Jun

Q&As

Is there a requirement under law that a deed has to be physically dated (ie printed out and dated with agreement by all parties who have signed remotely), or can the dating also be done electronically after parties have signed in counterpart?

Is there a requirement under law that a deed has to be physically dated (ie printed out and dated with agreement by all parties who have signed...

5th Jun

COVID-19

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