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Q&As
Unfortunately, we do not have a Precedent on the specific point raised in this Q&A. However, see the following which may be useful. See the Non-Contentious Probate Rules 1987, SI 1987/2024,
Q&As
A limited liability partnership (LLP) is not a partnership but a body corporate that is formed under the Limited Liability Partnerships Act 2000 (LLPA 2000). An LLP does not have directors, shareholders or partners, it has members. The members of an LLP are the persons who have subscribed their names to the incorporation document or as otherwise appointed in accordance with an agreement between themselves. The interests a member holds in an LLP (ie as to its voting and economic rights in the LLP) are often referred to as a ‘member’s interest’. The Precedent: Cross-option agreement is intended for use by the shareholders in a private limited company. The purpose of this agreement is to provide for the transfer of the legal and beneficial ownership of each shareholder’s shares in the event of their death, with the document providing that each shareholding: • is subject to a call option, ie a right of the remaining shareholders to purchase the
Q&As
We do not have a Precedent for the specific scenario, however, Precedent: Section 146 notice can be amended for such circumstances. It should also be noted that there are various statutory limitations on the landlord’s right to forfeit residential tenancies, which will need to be taken into account when serving a section 146 notice. In summary, in the context of long leases, under section 167(1) of the Commonhold and Leasehold Reform Act 2002, the landlord cannot forfeit a long residential lease unless the amount of rent, service charge and/or administration charge payable either: • exceeds a prescribed amount—see Rights of Re-entry and Forfeiture (Prescribed Sum and Period) (England) Regulations 2004 (Prescribed Sum and Period Regulations), SI 2004/3086, reg 2(1), or • consists of or includes an amount which has been outstanding for more than the prescribed period—see Prescribed
Q&As
You may find the following Precedent useful to adapt for your circumstances; Short-form office lease (part of building). It is a short form lease of office premises designed for use where there is no guarantor, no rent review and security of tenure under the Landlord and Tenant Act 1954 (LTA 1954) is excluded. It contains provisions dealing with basic services and provisions for the inclusion of a guarantor
Q&As
Unfortunately, we do not have a Precedent that specifically refers to the legacy being up to the value of the available residence nil rate band. However, we refer you to Precedent: Will drafting:
Q&As
Precedent: Letter of claim—trade mark infringement includes a schedule setting out a form of undertakings to be provided by the infringer. The introductory paragraph provides that the right holder will refrain from bringing legal proceedings against the infringer in consideration for the undertakings
Q&As
For the purpose of this Q&A we have assumed that this question refers to an inheritance tax (IHT) planning insurance product known as a loan trust whereby the testator takes out a policy and settles it on trust during lifetime and subsequently makes an interest-free loan to the trust which is repayable on demand. Unfortunately we do not have any Precedents
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We refer you to the following Precedents: • Clause in will—grant of option to purchase house at market valuation—value
Q&As
Our LexisPSL UK Private Client module does not currently have a specific precedent on this point. Such a precedent would need to be adapted to the testator's particular circumstances. Care should be taken to ensure that the testator's wishes are adequately reflected in the drafting, including to cover these points: • When does the planning permission have to be obtained by? • When does the land have to be sold by? • Who is responsible for seeking the planning permission? Can they recover any costs they incur in doing so as
Q&As
According to section 5(1) of the Compulsory Purchase Act 1965 (CPA 1965), a notice to treat must be served on ‘all the persons interested in, or having power to sell and convey or release, the land, so far as known to the acquiring authority after making diligent inquiry’. A notice to treat cannot be served on an unknown owner. However, where an owner remains unidentified ‘after making diligent inquiry’, CPA 1965, s 5(3) provides that CPA 1965, Sch 2 applies. CPA 1965, Sch 2 sets out the procedure for the payment of compensation where the owner of the land subject to compulsory purchase is absent or untraced. It should be noted that there are considerable advantages in using general vesting declaration as an alternative to the notice to treat, where ownership is not known, but the comparative
Q&As
We refer you to Precedent: Pie crust lease of a unit on an estate which contains a definition of ‘inherent defect’ and an exclusion at clause 15.4. We would refer you
Q&As
Practice Note: Verification of documents and information—Oaths explains the use of an affidavit and its verification by oath or by affirmation. It also highlights circumstances in which statutory declarations are used in place of affidavits and who can administer oaths, affirmations, affidavits or statutory declarations. It is important to note the difference between court evidence (which requires an