An introduction to deeds The requirements of a deed are set out under section 1 of the Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989). To be a deed, an instrument must: • be in writing • make it clear on its face that it is intended to be a deed • must be validly executed as a deed by the parties (or by persons authorised to execute it in the name or on behalf of the parties), and • be delivered as a deed Deeds must be delivered in order to take effect. See Practice Note: Deeds. Execution of contracts/deeds Companies can execute deeds in their own name and in their own right by way of: • fixation of the company seal • signature of two authorised signatories • a

A lasting power of attorney (LPA) enables a person to delegate decision-making in respect of personal welfare and/or property and finances. The LPA takes effect from its registration and empowers the attorney to make decisions for a person who has lost capacity and act in their stead. In the case of Whittaker v Hancock, Master Shuman considered a claim by an LPA attorney wishing to be appointed as substitute personal representative in place of their mother, who had lost capacity. In that case, it was contended that the LPA only gave certain powers about ‘your property and financial

It is a fundamental principle of trust law that a beneficiary must be able to enforce the trust and to make the trustees account for their conduct in the administration of the trust. The beneficiaries can only take that action of they have sufficient information about the trustees and their rights and interests

When applying for leave to remain as a partner or parent under Immigration Rules, Appendix FM (the Rules), it is possible to rely on certain benefits as below: ‘E-LTRP.3.3. The requirements to meet this paragraph are- (a) the applicant’s partner must be receiving one or more of the following - (i) disability living allowance; (ii) severe disablement allowance; (iii) industrial injury disablement benefit; (iv) attendance allowance; (v) carer’s allowance; (vi) personal independence payment; (vii) Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme; (viii) Constant Attendance Allowance, Mobility Supplement

This Q&A assumes that the reference to the energy company relates to gas and electricity supplies. Where a tenant has gone into administration, they will remain liable under the terms of the lease unless and until the lease is brought to an end (for example by surrender or forfeiture) or assigned. In this scenario, the keys have been returned, but it does not appear that the landlord has accepted a surrender, and therefore, the lease will continue. The lease may contain a covenant providing that the tenant must pay all charges in respect of supplies of gas and electricity and comply with all requirements of the relevant suppliers. However, the landlord’s remedies against the tenant will

For the purposes of this Q&A, we have assumed that the landlord is willing to permit the alterations and allow the change of use and is not looking to refuse consent and that the term of the lease is still current. In relation to a side letter, there is no reason why a further side letter cannot be entered into after the lease has been completed. However in the current situation the landlord may prefer to enter into a contractual licence for

Section 33 of the Landlord and Tenant Act 1954 (LTA 1954), provides that: ‘Where on an application under this Part of this Act the court makes an order for the grant of a new tenancy, the new tenancy shall be such tenancy as may be agreed between the landlord and the tenant, or, in default of such an agreement, shall be such a tenancy as may be determined by the court to be reasonable in all the circumstances, being, if it is a tenancy for a term of years certain,

There are serious consequences for failing to register a charge at Companies House in time, however, there are options to correct the situation. While it is not possible to post-date the document to re-register the charge (backdating a document is potentially an offence. It may also be conspiracy to defraud and contrary to the rules of professional conduct for solicitors: sections 17 and 19 of the Theft Act 1968), there are two main options for rectifying the situation; either to apply for an extension of time to register the charge or to retake the

Please see related Q&A: If an overage provision within a deed executed in 1985 does not contain an overage period, is it still enforceable/valid? Three issues arise: • what is the nature of the authority’s right? • has the right been lost by force of the provisions of section 9(2) of the Perpetuities and Accumulations Act 1964 (PAA 1964)? • if it has not lost the right, and PAA 1964 is not an obstacle to its enforcement, is the third party bound by the right in any event? First, contractual rights to buy land for valuable consideration if the

In answering this Q&A, we have assumed X has a vested interest in possession in the trust assets, which include a house (the property). What happens on a sale of the property will depend on the exact terms of the trust instrument. However, if X’s interest is, as assumed,

Unless excluded by the trust instrument, section 36(1) of the Trustee Act 1925 (TA 1925) makes provision for the appointment of new trustees according to a specified hierarchy of categories. The following persons, in this order, may appoint: • the person(s), if any, nominated in the trust instrument • the existing trustees, if any • the personal representatives of the last or only surviving trustee If there is no one in any of these categories who is able and willing to act, the power given by TA 1925, s 36(1) cannot be exercised, although the court may have jurisdiction to appoint under TA 1925,

Private international law issues relating to trusts is a complex topic and we would suggest that you seek specialist advice. In the meantime, the following information may be useful. It would be necessary to consider both Jersey and English law, to determine what would be the applicable perpetuity period of the English law trust. Jersey law The rule against perpetuities, as known in English law, does not apply in Jersey. Section 15 of the Trusts (Jersey) Law 1984 (T(J)L 1984) provides: '15 Duration of a Jersey trust (1) Unless its terms provide otherwise, a trust may continue in existence for an unlimited period. (2) No rule against perpetuities or excessive accumulations shall apply to a trust or to any advancement, appointment, payment or application of assets from a trust. (3)