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Q&As
The following Precedents regarding the sale and purchase of mortgage loans are available in Goode: Consumer Credit Precedents:
Q&As
For guidance on removal of personal representatives, see Practice Note: Removal, renunciation and retirement of personal representatives. The Practice Note explains that applications for the removal of an executor may be made before a grant has been obtained under section 50 of the Administration of Justice Act 1985. See the following Commentary from Starting a claim for removal of a personal representative: Atkin's Court Forms [84] where it is stated that: ‘An application to remove or substitute a personal representative must be made using a Part 8 claim form accompanied by written evidence. The claim form must be accompanied: • (1) by a sealed or certified copy of the grant of probate or letters of administration; or • (2) where the application is made to substitute or remove an executor prior to a grant
Q&As
In respect of drafting a claim form, there is no ‘correct’ answer here as Part 7 or Part 8 can be used when issuing proceedings for specific performance depending on whether or not there is a substantial dispute of fact. Issuing a claim under CPR Part 7 is used for most types of claims, however, in some cases the CPR 8 procedure may be used. As most
Q&As
We refer you to the following Precedents contained in Williams on Wills which could be useful for your purposes: • Inheritance tax and foreign death
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The following can be adapted for your purposes in relation to the individual lacking capacity, see Precedents: • Transfer—whole—registered or unregistered—freehold
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We refer you to the following Precedents, which you may find helpful to adapt for your purposes: • Form B1.7: Commencement of will of testator with UK and foreign
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On the death of parties holding as joint tenants the property passes in its entirety to the survivor and is not subject to the Will or to the intestacy of the deceased. A joint interest can nonetheless be the subject matter of a variation. This arrangement is expressly contemplated in the wording section 142(1) of the Inheritance Tax Act 1984 which refers
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As explained in Practice Note: Trustees—removal of trustees, where a trustee can no longer carry out their duties due to incapacity, they may be removed and replaced using the power in section 36(1) of the Trustee Act 1925 (TA 1925), unless this power has been modified or excluded by the terms of the trust instrument. It should be noted that, where the power in TA 1925, s 36(1) is invoked, it will be necessary to appoint a replacement trustee. Alternatively, there may be an express power in the trust instrument to remove a trustee who lacks capacity. The power of replacement is to be exercised by:
Q&As
If the original Will cannot be found or has been accidentally destroyed, probate of a draft, copy or reconstruction of the Will may be obtained, provided an order for leave to prove it is first obtained. The procedure for obtaining such an order is set out in the Non-Contentious Probate Rules 1987, SI 1987/2024, r 54. The application for an order
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The Torts (Interference with Goods) Act 1977 (T(IG)A 1977) gives bailees certain statutory powers of sale in relation to bailors’ goods where the bailor is under an obligation to take delivery of the goods or give directions in respect of their delivery Pursuant to T(IG)A 1977, s 12, the bailee has a power of sale over goods in his possession or under his control where: • the bailor is in breach of an obligation to take delivery of them • the bailee could impose such an obligation by giving notice to the
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We do not have a Precedent clause providing for a tenant to bear uninsured losses, but if uninsured damage is not excluded from the tenant's repairing obligation, the tenant will remain liable to repair or reinstate the uninsured damage to the property, so to avoid confusion over the parties' respective repair/reinstatement obligations, the lease should be clear on this point. Landlords often try to limit suspension of rent to damage arising from an insured risk, except where the insurance is vitiated by any act or omission of the tenant. This means that the suspension of rent does not operate, and therefore the rent remains payable, where the damage is due to an uninsured risk. The Code for Leasing Business Premises in England and Wales 2007 recommends that landlords