Locating a missing beneficiary Section 25 of the Administration of Estates Act 1925 stipulates that it is the duty of the executor(s) of the deceased to identify and locate the correct beneficiaries and distribute the estate to them according to the terms of the Will. There are two situations where it might be difficult or impossible to locate a beneficiary: • the beneficiary can be identified but cannot be traced • the beneficiary cannot be identified and their whereabouts are unknown There are a number of steps the executor(s) can take to locate a beneficiary, all of which will involve some costs: • advertisement in local papers in the vicinity of the beneficiary’s last known address. It would also be prudent

This Q&A relates to drafting options for jurisdiction clauses which anticipate court litigation in a business-to-business contract. The terms ‘exclusive’ and ‘non-exclusive’ jurisdiction are not particularly helpful. This is better phrased as to whether the commencement and pursuit of foreign proceedings are things which a party

We have assumed that an easement exists which has been validly created in law and that both the land with the benefit and the burden of the easement recognise the full extent of that easement, ie the type of easement it is, its duration and more specifically to what it relates. It is not known what type of easement is involved from the question. The

Egypt is a contracting party to neither the Hague Convention of 2 October 1973 on the Recognition and Enforcement of Decisions Relating to Maintenance Obligations (1973 Hague Convention) nor the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (2007 Hague Convention). The enforcement of an English maintenance order in Egypt will therefore depend, in the first instance,

The location of the debtor and their assets is always the starting point when considering international enforcement. There are large parts of the world of considerable importance with which the UK has no reciprocal arrangements, eg Russia, non-EU Eastern Europe, certain parts of the Middle East and the

We refer you to Precedent: Deed of rectification of a mistake in a previous deed: Encyclopaedia of Forms and Precedents [1612], which you may find useful for your purposes. As

The Town and Country Planning (General Permitted Development) (England) Order 2015 (the GPDO), SI 2015/596, art 3(1), grants planning permission for the classes of development described as permitted development in the GPDO, SI 2015/596, Sch 2. However, the permission granted by the GPDO, SI 2015/596, art 3(1) is subject to SI 2015/596, art 3(10), which provides that any development falling within Schedule 1 or Schedule 2 to the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (the EIA Regulations), SI 2017/571, is not permitted by the GPDO, unless: • the local planning authority (LPA) has adopted a screening opinion under the EIA Regulations, SI 2017/571, reg 6 that the development is not EIA development

Although tenancies at will are predominantly used in relation to commercial properties, there is no reason in principle why they cannot be used in relation to residential properties. The predominance

What is an ISDA confirmation? The vast majority of over the counter (OTC) derivatives transactions are documented using standard documentation developed and published by the International Swaps and Derivatives Association, Inc. (ISDA). The ISDA documentation framework is made up of: • a master agreement—the key forms of which are: ◦ 1992 ISDA Master Agreement (multicurrency, cross border form), and ◦ 2002 ISDA Master Agreement (multicurrency, cross border form) • the schedule to the master agreement, and • confirmations The master agreement, supplemented by the schedule, is an umbrella agreement which may potentially cover any number of individual transactions. A confirmation is produced for each individual transaction and sets out its economic terms. The master agreement, schedule and confirmations constitute a single agreement. The schedule is a key document which contains a number of possible elections which can materially affect the positions of the parties. It is often heavily negotiated. For more information on the ISDA documentation framework and

As a general proposition, an option or agreement to surrender is a contract like any other. It would be possible, therefore, for a tenant (T) and a potential future landlord (X) to agree that T will surrender its lease if X acquires the reversion to the lease (and so becomes T's landlord). However, it should be borne in mind that there may be statutory requirements that need to be satisfied. If the lease has security of tenure under Part II of the Landlord and Tenant Act 1954 (LTA 1954), any agreement to surrender would need to be preceded by service of a landlord's warning notice and an appropriate declaration by the tenant.

Firstly, it is important to note that civil liability under the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008), SI 2008/1277 was only introduced on 1 October 2014. Civil liability was introduced through the enactment of CPUTR 2008, SI 2008/1277, Pt 4A which, in certain circumstances, provides consumers with a civil right of redress where a trader has engaged in a misleading action or aggressive commercial practice. Prior to 1 October 2014, CPUTR 2008, SI 2008/1277 only gave rise to criminal liability. Accordingly, in the example provided in the question, if the 2014 advertisement was published and resulting contracts were entered before 1 October 2014, we would only be concerned with criminal liability under CPUTR 2008, SI 2008/1277; it is not possible to exclude criminal liability and it follows that the answer to the question would be a definitive ‘no’. However, if, in the example provided in the question,

The Landlord and Tenant Act 1954 (LTA 1954) provides security of tenure for business tenants subject to various conditions (see Practice Note: LTA 1954 business lease renewal—termination, in particular section: Does LTA 1954 apply?). If LTA 1954 would otherwise apply to a lease, it is possible for the parties who will be the landlord and tenant to agree in advance that security of tenure is to be excluded: LTA 1954, s 38A. This is done by including that agreement or a reference to it in the instrument creating the tenancy: Regulatory Reform (Business