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PRECEDENTS
[Your] Will—[name of testator]—[explanatory note] This [explanatory note] explains the main provisions of your Will in straightforward terms.. Please read it carefully alongside your Will. If anything does not reflect our wishes, please let [me OR [name of person to contact]] know [before you sign.]. 1 Revocation When you sign this Will, any previous Wills or codicils relating to [your UK estate OR your worldwide estate] are cancelled. This means that only this Will sets out your wishes on death in relation to [your UK estate OR your worldwide estate]. 2 [ International aspects [ [Your Will only deals with your UK property [and your property outside of the UK will be dealt with by a separate, local Will OR and your property outside of the UK has already been dealt with by a separate, local Will] OR Your Will deals with your worldwide estate].] [You declare that you are domiciled in [insert appropriate jurisdiction].] [You have elected for English law to apply to the succession of your estate under the EU directive
PRECEDENTS
[Your ]Will—[name of testator]—[explanatory note] This [explanatory note] explains the main provisions of your Will. Please read this [explanatory note] and your Will carefully. If, after reading this [explanatory note] and your Will, you conclude that any of the provisions do not accurately reflect your wishes, please let [me OR [name of person to contact]] know [before you sign your Will]. 1 Revocation This clause ensures that any previous Wills or codicils that you have made for [your UK estate OR your worldwide estate] are revoked when you sign the new Will. This ensures that this new Will is the one which contains the instructions and wishes you want followed on your death in relation to [your UK estate OR your worldwide estate]. 2 [ International aspects [ [Your Will only deals with your UK property [and your property outside of the UK will be dealt with by a separate, local Will OR and your property outside of the UK has already been dealt with by a separate, local Will] OR Your Will deals
PRECEDENTS
[Your] Will—[explanatory note] This [explanatory note] explains the main provisions of your Will. Please read this [explanatory note] and your Will carefully. If, after reading this [explanatory note] and your Will, you conclude that any of the provisions of your Will do not accurately reflect your wishes, please let [me OR [name of person to contact]] know [before you sign your Will]. 1 Revocation This clause ensures that any previous Wills or codicils that you have made for [your UK estate OR your worldwide estate] are revoked when you sign the new Will. This ensures that this new Will is the one which contains the instructions and wishes you want followed on your death in relation to [your UK estate OR your worldwide estate]. 2 [ International aspects [ [Your Will only deals with your UK property [and your property outside of the UK will be dealt with by a separate, local Will OR and your property outside of the UK has already been dealt with by a separate, local Will] OR Your Will deals with your
PRECEDENTS
[Your ]Will—[name of testator]—explanatory note This explanatory note explains the main provisions of your Will in straightforward terms. Please read it carefully alongside your Will. If, anything does not reflect your wishes, please let [me OR [name of person to contact]] know[ before you sign ]. 1 Revocation When you sign this Will any previous Wills or codicils relating to [your UK estate OR your worldwide estate] are cancelled. This means that this Will sets out your wishes on death in relation to [your UK estate OR your worldwide estate]. 2 [ International aspects [ [Your Will only deals with your UK property [and your property outside of the UK will be dealt with by a separate, local Will OR and your property outside of the UK has already been dealt with by a separate, local Will] OR Your Will deals with your worldwide estate].] [You declare that you are domiciled in [insert appropriate jurisdiction].] [You have elected for English law to apply to the succession of your estate. This means that your property located in [name of EU Member State,
PRECEDENTS
[Your ]Will—[explanatory note] This [explanatory note] explains the main provisions of your Will in straightforward terms. Please read it carefully alongside your Will. If, anything does not reflect your wishes, please let [me OR [name of person to contact]] know[ before you sign.]. 1 Revocation When you sign this Will, any previous Wills or codicils relating to [your UK estate OR your worldwide estate] are cancelled. This means that only this Will sets out your wishes on death in relation to [your UK estate OR your worldwide estate]. 2 [ International aspects [ [Your Will only deals with your UK property [and your property outside of the UK will be dealt with by a separate, local Will OR and your property outside of the UK has already been dealt with by a separate, local Will] OR Your Will deals with your worldwide estate].] [You declare that you are domiciled in [insert appropriate jurisdiction].] [You have elected for English law to apply
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[Your] Discretionary trust—[name of settlor]—[explanatory note OR summary] This [explanatory note OR summary] explains the main provisions of your Discretionary Trust. Please read this [explanatory note OR summary] and your Discretionary Trust carefully. If, after reading this [explanatory note OR summary] and your Discretionary Trust, you conclude that any of the provisions of your Discretionary Trust do not accurately reflect your wishes, please let [me OR [name of person to contact]] know [before you sign your Discretionary Trust]. 1 Parties This clause sets out that you are the person making the Discretionary Trust, known as the settlor, and that the first trustees are [insert names]. As previously discussed, it is important that you only appoint trustees who you trust entirely and who you are sure will get on well together. 2 Background The Background sets out the circumstances surrounding the creation of the Discretionary Trust. It sets out the legal position that the Discretionary Trust is irrevocable meaning that once created it cannot be ‘undone’. You must therefore be certain that you wish to create a trust in these terms.
PRECEDENTS
These explanatory notes accompany our CDD client risk assessment form and provide guidance on what you should consider for each section. Instructions for completion When do you have to complete this form? You must complete this form for all new clients[ for whom our AML, CTF and counter-proliferation financing policy applies. If you are unsure whether the policy applies, please seek guidance from [state who]]. You must also complete this form for existing and former clients: • at appropriate times on a risk-based approach • when you become aware that the circumstances relevant to our risk assessment of the client have changed • where there is a gap in the retainer of [one year] or more [in relation to clients or transactions assessed as higher risk] • where we have a legal duty in the course of a calendar year to contact the client for the purpose of reviewing any information which (i) is relevant to our risk assessment for that client, and (ii) relates to the beneficial ownership of the client, including information which enables us to understand the ownership or control
PRECEDENTS
These explanatory notes accompany our CDD customer risk assessment form and provide guidance on what you should consider for each section. Instructions for completion When do you have to complete this form? You must complete this form for all new customers [for whom our AML, CTF and counter-proliferation financing policy applies. If you are unsure whether the policy applies, please seek guidance from [state who]]. You must also complete this form for existing and former customers: • at appropriate times on a risk-based approach • when you become aware that the circumstances relevant to our risk assessment of the customer have changed • [where we have not provided any services to the customer for [one year] or more] • where we have a legal duty in the course of a calendar year to contact the customer for the purpose of reviewing any information which (i) is relevant to our risk assessment for that customer, and (ii) relates to the beneficial ownership of the customer, including information which enables us to understand the ownership or control structure of a legal person, trust, foundation or similar
PRECEDENTS
These explanatory notes accompany our CDD matter risk assessment form and provide guidance on what you should consider for each section. Instructions for completion When do you have to complete this form? You must complete a CDD risk assessment form for all new matters[ to which our AML, CTF and counter-proliferation financing policy applies. If you are unsure whether the policy applies, please seek guidance from [state who]]. This includes new matters for existing clients. Why do you have to complete this form? We are required to undertake CDD[ where the AML, CTF and counter-proliferation financing regime applies]. CDD involves identifying and verifying the client (unless they are already known to us) and assessing the purpose and intended nature of the matter in question. The way in which we do this must reflect our assessment of the level of risk arising from the particular client and the particular matter. We must also take account of risks identified in our firm-wide risk assessment (FWRA). The matter risk assessment form, combined with our CDD client risk assessment, will help us
PRECEDENTS
This document is important and requires your immediate attention If you are in any doubt as to any aspect of this proposal or as to the action you should take, you should consult your professional adviser without delay. Further copies of this document and the enclosed voting forms can be obtained from the address listed on page [insert number].[ They may also be downloaded and printed from the website [insert website address]]. Proposal in relation to restructuring plan Pursuant to Part 26A of the Companies Act 2006 Between [Insert Company name] And its creditors/members (as defined in the restructuring plan) The meeting[s] of Creditors/Members to consider the restructuring plan (the Meeting[s]') will be held [[at insert address] OR virtually by telephone/webinar OR on [insert date]. The meeting[s] will commence at [insert time] London time. Notice of the meeting[s] is set out in Appendix 5 to this document. The action required to be taken by Creditors/Members is set out on page [insert number]. Whether or not Creditors/Members intend to be present at the meeting[s], they are requested to complete and return the [applicable]
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This document is important and requires your immediate attention If you are in any doubt as to any aspect of this proposal or as to the action you should take, you should consult your professional adviser without delay. Further copies of this document and the enclosed voting forms can be obtained from the address listed on page [insert number].[ They may also be downloaded and printed from the website [insert website address].] Proposal in relation to scheme of arrangement Pursuant to Part 26 of the Companies Act 2006 of Great Britain Between [Insert company name] and its Scheme creditors (as defined in the scheme of arrangement) The meeting[s] of scheme creditors to consider the scheme of arrangement (the Meeting[s]'') will be held on [insert date] [[at insert address] OR virtually by telephone/webinar OR . The meeting[s] will commence at [insert time] London time. Notice of the meeting[s] is set out in appendix 5 to this document. The action required to be taken by scheme creditors is set out on page [insert number]. Whether or not scheme creditors intend to be present at the meeting[s],
NEWS
Commercial analysis: Simon Winter, partner at Charles Fussell & Co LLP, examines the background to the Wright v Rowland case involving a contractual and a quantum meruit claim. He also assesses the practical implications of the judgment which provides a stark reminder that any commercial party involved in a dispute over an agreement which isn’t committed to writing is facing an uphill struggle.