Trusts of land

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Practice notes
Identification of beneficial interestsThe personal representatives (PRs) of an estate must identify:•the beneficiary or beneficiaries entitled to each...
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26th Oct
Practice notes
Coronavirus (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...
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Produced in partnership with Mark Lindley of Boodle Hatfield LLP 26th Oct
Practice notes
FORTHCOMING CHANGE: The Non-Contentious Probate (Amendment) Rules 2020, SI 2020/1059 amend the Non-Contentious Probate Rules 1987, SI 1987/2024 with...
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13th Oct
Practice notes
CORONAVIRUS (COVID-19): The formal requirement for a valid Will to be witnessed in the presence of two witnesses is to be relaxed (with retrospective...
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9th Oct
Practice notes
Coronavirus (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...
Read More >
9th Oct
Practice notes
Coronavirus (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...
Read More >
8th Oct
Practice notes
Coronavirus (Covid-19): For news and other resources to assist dispute resolution practitioners working in the civil courts to understand and stay...
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26th Sep
Practice notes
Most of the work conducted throughout a probate matter is of a common nature. Consequently practitioners will find that they are, in essence,...
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26th Sep
Practice notes
Coronavirus (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...
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26th Sep
Practice notes
The major problem personal representatives (PRs) and/or beneficiaries encounter when faced with an actual or potential probate claim is how to, at the...
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26th Sep
Practice notes
Definition and purpose of a WillIn general terms, a Will is a document made in accordance with the formal requirements laid down by section 9 of the...
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26th Sep
Practice notes
The rights of a person appointed executor by a Will cease if they:•die without having taken out probate•fail to appear on being cited to take out...
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26th Sep
Practice notes
The intestacy rulesIf the deceased died intestate, Parts III and IV of the Administration of Estates Act 1925 (AEA 1925) apply to:•all the movable...
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26th Sep
Practice notes
ExecutorsAn executor is the person appointed by the Will to carry into effect its provisions and to administer the property of the testator. The...
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26th Sep
Practice notes
Revocation of a WillA Will is revocable at any time during the testator's lifetime. A testator may not revoke their Will in any manner they choose: a...
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25th Sep
Practice notes
Personal representatives' dutiesThe Administration of Estates Act 1925 (AEA 1925) states that personal representatives (PRs) must:•collect and get in...
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25th Sep

Most recent Trusts of land content

Practice notes
Part 7 or Part 8?Prior to April 2007, the practice direction to CPR 8 provided that where before 26 April 1999, a claim in the High Court was begun by...
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25th Sep
Precedents
To [insert name of second joint tenant] of [...
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26th Sep
Precedents
Dear [insert organisation or individual’s name]Our client: [insert name][Property OR Land]: [insert address]Land Registry number: [insert Land...
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26th Sep
Precedents
Date [insert date of deed in its full format DD-Month-Year]Parties1[insert full name of Trustee] [incorporated in England and Wales with company...
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26th Sep
Precedents
Dear [insert organisation name]Our Client: [ ]Your Client: [ ]Re: [insert property address]We act on behalf of [ ].This is our letter of claim in...
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26th Sep
Practice notes
Under the provisions of section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996), the court is able to make...
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26th Sep
Practice notes
The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) came into force on 1 January 1997. Under it:•the trust for sale is replaced by...
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26th Sep
Practice notes
Millett LJ subdivided types of constructive trust into two categories, distinguishing between:•the constructive trust proper, where equity intervenes...
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26th Sep
Practice notes
Resulting trusts represent one of the three types of trust which do not require to be declared or evidenced in writing. The others are constructive...
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26th Sep
Practice notes
Co-ownershipWhere property is purchased in the joint names of two or more co-owners a statutory ‘trust of land’ arises. Trustee Act 1925, s 34(2)...
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26th Sep
Practice notes
Capacity to sellTrustees of land have all the powers of an absolute owner in relation to the land which is subject to the trust. A buyer from trustees...
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26th Sep
Practice notes
Note: In practice, the terms ‘equitable’ and ‘beneficial’ tend to be used interchangeably when describing any interest in land which is not a legal...
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26th Sep
Practice notes
Where two or more people together own real property, they hold it under a trust of land. Where property is held on a trust of land, the legal estate...
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27th Sep
Practice notes
Cohabitants and other co-owners or co-occupiers of property, often fail to specify the extent of their respective beneficial interests in the shared...
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27th Sep
Q&As
See Practice Note: Will drafting—the family home which explains some of the practical difficulties which may arise on the death of a co-owner of real...
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28th Sep
Q&As
In considering the first part, which relates to the payment of the mortgage (which is provided for by section 13(5) of the Trusts of Land and...
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Produced in partnership with Matthew Haynes of St Ives Chambers 28th Sep

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