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It is assumed that the beneficiary wishes to dispose of their beneficial interest in the trust (for consideration), rather than disclaim their interest. We have not considered any of the tax consequences
Q&As
We refer you to the following Precedents: Agreement relating to the letting of a caravan: Encyclopaedia of Forms & Precedents [3481]–[3484] and Lease of site for movable dwellings as the only or the main residence of the occupier—subject to the Mobile Homes Acts 1975 and 1983: Kelly's
Q&As
When an original Will or codicil has been lost, or destroyed without the intention of revoking it, application must be made for an order for leave to prove the Will or codicil as contained in a copy, reconstruction or other evidence of its contents (Non-Contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024, r 54) An application for an order admitting to proof a Will as contained in a copy, a completed draft, a reconstruction or other evidence of its contents should be submitted to Newcastle District Probate Registry or to the Probate Registry of Wales, Cardiff, if a bilingual document is required. The application must be supported by an affidavit or witness statement of the person applying
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The Pre-Action Protocol for the Resolution of Clinical Disputes (clinical negligence protocol) has a prescribed method for obtaining medical records. Any request should: • provide sufficient information to alert the health care provider where an adverse outcome has been serious or had serious consequences, and • be as specific as possible about the records that are required Annex B to the protocol sets out an approved
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See Precedent: Licence to occupy-holiday cottage: Encyclopaedia of Forms and Precedents [6], available on Lexis®Library
Q&As
Precedent for an equitable charge over registered land We refer you to the following Precedents which you may find useful for your purposes: • Equitable mortgage of beneficial interest under trust of land: Encyclopaedia of Forms and Precedents [1466] • Equitable mortgage of a vested remainder in freehold property: Encyclopaedia of Forms and Precedents [1462] An equitable mortgage of land can arise in a number of ways including, most commonly, by: • express agreement between the parties • agreement to create a legal mortgage (provided that the security provider intends to create equitable security with immediate effect and the secured assets are sufficiently identified: National Provincial v Charnley) • a mortgage of an equitable interest in the land, or • a defective legal mortgage (eg a purported legal
Q&As
You may find useful for your purposes Precedent: Form
Q&As
In this Q&A we have limited our research to cover copyright assignments and licences and clauses dealing with copyright assignment and licensing. An assignment of copyright must be in writing and signed by or on behalf of the assignor. It does not need to be in agreement form and may be done in a letter. Where the assignment has been done orally it is likely
Q&As
See: Certificate of service: general form: Atkin's Court Forms [251] which contain a range of Precedents (navigable via the table of contents). In
Q&As
A lease specified to be for life or lives or for any term of years terminable on death is converted by section 149(6) of the Law of Property Act 1925 (LPA 1925), into a lease held for 90 years determinable after the end of the life or lives, with the result that such a lease is a 'settlement', being terminable at a date ascertainable only by reference to a death. We do not have a specific Precedent but see the following Precedent leases which might assist you in your drafting: • Lease—residential property—provisions as to status of tenant where letting to tenant for
Q&As
A debt claim against an estate CPR 19.12 states where a defendant against whom a claim could have been brought has died and a grant of probate or administration has been made, the claim must be brought against the personal representatives of the deceased (CPR 19.12(2)(a)). Where a grant of probate or administration has not been made, the claim must be brought against ‘the estate of’ the deceased (CPR 19.12(2)(b)). To do this, the claimant must apply to the court for an order appointing a person to represent the estate of the deceased in the claim (CPR 19.12(2)(b)(ii)). For more information, see Q&A: What is the procedure for issuing a debt claim against the estate of
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The following Precedents will be of assistance: • Application notice by protected party recovering full capacity during the proceedings to discharge litigation