The following content will be of use: Nature of trusts Practice Notes: • Nature and classification of trusts—the nature and classification of trusts • Nature and classification of trusts—constitution of trusts • Creation of trusts—express trusts • Creation of trusts—by declaration • Nature and classification of trusts—the three certainties • Execution formalities—private trusts Q&A: Can a trust over policy proceeds be implied when trust documentation was not completed? Commentary: • The Creation of Trusts: Tolley's Administration of Trusts [A1A] • Analysis of an express trust: Underhill and Hayton: Law of Trusts and Trustees [7.1] • Declaration of self as trustee: Underhill and Hayton: Law of Trusts and Trustees [9.1] Formalities for a Deed For an instrument to be a valid deed, it must comply with four formalities comprising both statutory and common law principles: • in writing: the document must be in writing and cannot be made verbally. This is a common law requirement modified by statute

It is assumed that this query relates to execution of a deed by an individual attorney on behalf of an individual donor. For information on execution of deeds by companies, see Practice Notes: Execution formalities—companies, Deeds, Execution formalities—under a power of attorney and Precedents: Execution clause—power of attorney—deed and Execution clause—company—deed. An instrument is validly executed as a deed by an individual only if it is signed by them in the presence of a witness who attests the signature. The witness must be present at the time of execution

For the purposes of this Q&A, we have assumed that the beneficiaries will not be providing any kind of consideration for the advancement in their favour, including the assumption of debt, eg a mortgage. Stamp duty land tax (SDLT) is charged on chargeable land transactions. Consequently, the concept of a land transaction and what this encompasses is central to the application of SDLT to transactions involving UK land. A land transaction is defined as the acquisition of a chargeable interest with Part 4 of the Finance Act 2003 (FA 2003). For more general information on SDLT and which transactions are notifiable, including exempt transactions, see Practice Note: SDLT—notifiable transactions. Which transactions are not notifiable? The following are not notifiable transactions: • exempt land transactions • an acquisition (other than the grant, assignment or surrender of a lease)

The effect of a surrender of lease is that the term is extinguished by absorption into the reversionary interest and thus, ceases to exist. Ordinarily surrender is effected by deed, but there are a number of other methods by which a lease can be surrendered, including by operation of law. This can include by the grant of a new lease to the tenant by the landlord; by the tenant giving up possession to the landlord, with the landlord accepting possession, or by the giving up of possession and the granting of a lease by the landlord to a third party

Surrender A surrender is a voluntary act whereby a tenant, with the landlord’s consent, surrenders their lease and the lease is thus brought to an end. When a surrender occurs, the term of the leasehold interest merges with the reversion and is thereby extinguished. Surrender is a simple, straightforward and quick way of a tenant terminating their lease, however it can only take place with the consent of the landlord. A surrender can be express (in writing by deed) or by operation of law (inferred by the parties’ conduct), for further information see Practice Note: Contracting out of the Landlord and Tenant Act 1954—agreement to surrender a business tenancy. When a surrender

Deeds must be executed in accordance with statutory formalities that go beyond simple signature in order for the document to be valid and enforceable. There are four key requirements for deeds: • in writing—deeds must be in writing (Goddard's Case) • face value requirement—it must be clear from the face of the instrument that it is a deed and is intended to

We refer you to Practice Note: Variation of Will or intestacy after death, which explains that in order for dispositions made under a deed of variation to benefit from the reading back provisions for inheritance tax (section 142 of the Inheritance

When considering how long you are able to make a claim pursuant to a particular document, it is important to determine whether the document you have entered into is a contract written under hand (simple contract), or a deed. There are a number of differences that exist between the two, namely: • that a deed cannot be entered into orally • it must make clear that it is intended to be a deed, usually by inserting specific wording • unlike with a simple contract, a deed does not require there to be consideration in order to be valid • in relation to the question at hand, perhaps the most notable difference between the two is the statutory limitation period in which a claim must be brought The limitation period for

As a general rule, where a notice is given under section 42 of the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993), the tenant by whom it is given will be liable—to the extent that they have been incurred by any relevant person in pursuance of the notice (eg the landlord)—for the reasonable costs of that person: LRHUDA 1993, s 60(1). An invalid notice will still be treated as ‘a notice’ where it is properly served for the purposes of LRHUDA 1993, s 60. However,

The judgment creditor must make an application to the court for a variation of the order. There are two bases on which an application might be made: • where the court makes an order of its own initiative without a hearing, the order must contain a statement of the right of any affected party to make an application to have the order set aside, varied or stayed. Any such application must be made within the period specified by the court or, if no period is specified, within seven days of service of the order • under CPR 40.9A, a judgment creditor or judgment debtor may apply to the court for a variation in the date or rate of payment of the judgment debt. In particular, under CPR 40.9A(5)(b), the

In this Q&A, it is assumed that the claim was commenced pursuant to CPR 7 and has been served in the jurisdiction. Following service of a claim form and particulars of claim, a defendant is obliged pursuant to CPR 10.3 to file an acknowledgment of service within 14 days. This is usually a fairly basic step—the acknowledgment has only some innocuous boxes on it and requires some fairly anodyne information. For further information, see Practice Note: Acknowledgment of service—principles. However, where a defendant wants to raise a limitation defence, does this constitute a challenge to the court’s jurisdiction? Or is it merely part of a standard pleading and ought to be included in the defence? Acknowledgments of service and disputing jurisdiction The definition of the word ‘jurisdiction’ in the CPR is not exhaustive and has two different meanings:

CPR 19.12 deals with the fact that a claim cannot be brought against a dead person but can be brought against their Estate. Where there has been a grant of probate or of letters of administration, the claim must be brought against the personal representatives (CPR 19.12(2)(a)). Where there has been no grant, the claim must be brought against ‘the estate of the deceased’ (CPR 19.12(2)(b)(i)) and 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)). Such an order does not constitute the person appointed