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PRECEDENTS
Transaction: [transaction, eg sale or lease] of: [address] (‘the Property’) [Seller OR Landlord]: [name] [Buyer OR Tenant]: [name] Enquiries before contract   The [Buyer’s OR Tenant’s] solicitors have requested replies to the standard form enquiries before contract (the Commercial Property Standard Enquiries or ‘CPSEs’) and we have prepared some draft replies for your review. We enclose: [[If enclosing long form general enquiries]] • [CPSE 1 (version 4.2) General pre-contract enquiries for all commercial property transactions; • draft replies to CPSE 1 [see Template replies to CPSE 1 (version 4.2)—General pre-contract enquiries for all commercial property transactions][;[ and] OR .] ] [[If enclosing short form general enquiries]] • [CPSE 7 (version 1.3.3) General short form pre-contract enquiries for all property transactions; • draft replies to CPSE 7 [see Template replies to CPSE 7 (version 1.3.3)—General short form pre-contract enquiries for all property transactions][;[ and] OR .] ] [If enclosing additional enquiries] • [CPSE 2—Supplemental pre-contract enquiries for property subject to tenancies for commercial use; • draft replies to CPSE 2 [see: Template replies to CPSE 2 (version 3.4)—Supplemental pre-contract
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[name of client] [insert address of client] [insert date] Dear [name of client] Estate of [name of deceased] deceased As discussed, the papers to report the inheritance tax (IHT) due in the estate and to apply for the grant of [ probate OR letters of administration [with Will annexed] ] have now been finalised. [Thank you for your comments on the draft papers.] I enclose the following for your review and final approval: 1 [Updated]
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Landlord: [name of Landlord] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] Tenant: [name of Tenant] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] Property: [details] Lease: the lease of the Property dated [date] made between (1) [[name of Landlord]
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[insert mortgagee name] [insert mortgagee address] Dear [insert organisation name] Our client: [insert client’s name] [Property OR Land] address: [insert address of property or land] [ [Property OR Land] title number: [insert title number]] Your reference: [insert reference number] We represent [insert client’s name] in divorce and financial proceedings. [client's name]’s [former]
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[Insert name and address of recipient] [Insert date] Dear [insert name of recipient] [Insert case name and claim number] [We act for [the Claimant OR the Defendant] in the
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Dear [insert organisation or individual’s name] Our client: [insert name] [Property OR Land]: [insert address] Land Registry number : [insert Land Registry number] We
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Newcastle District Probate Registry [enter date] Dear Registrar The late [name of deceased] Inheritance Tax reference number: [enter IHT reference number] We enclose the following documents in relation to the application for a grant of [probate OR letters of administration OR letters of administration with Will annexed]
PRECEDENTS
Dear [insert name of GP or other appropriate capacity assessor] Re: [insert name of patient] We are instructed on behalf of [insert name of proposed deputy] and understand that the above named is your patient. Our client has instructed us to prepare an application to the Court of Protection for the appointment of [him OR her OR  as the Deputy of [insert name of patient] so that [he OR she] can make decisions on behalf of [insert name of patient] on the grounds that they lack capacity to make those decisions themselves. An application to the Court of Protection is required to be supported by evidence as to capacity in Form COP3, which is enclosed for your completion. Under the provisions of the Mental Capacity Act 2005 (MCA 2005) a person is deemed to have capacity unless it can be proved otherwise. Capacity is not
PRECEDENTS
Dear [insert name of GP or other appropriate capacity assessor] Re: [insert name of patient] We are instructed on behalf of [insert name of proposed deputy] and understand that the above named is your patient. Our client has instructed us to prepare an application to the Court of Protection for the execution of a statutory Will on behalf of [insert name of patient]. By way of background, [Insert, as appropriate, background information about P’s property and affairs, testamentary history and current testamentary intentions, if these can be ascertained] An application to the Court of Protection for a statutory Will must be supported by evidence as to capacity in Form COP3, which is enclosed for your completion. The form has two parts, A and B. Part A has been completed by our client. We shall be grateful if you will complete Part B of the form, bearing in mind both the provisions of the Mental Capacity Act 2005 and the information relevant to the decision, as set
PRECEDENTS
[GP OR Doctor] Dear Dr [insert doctor’s name] Client name Client address Client date of birth I am acting for [insert client’s name] in connection with the preparation of a lasting power of attorney (LPA) in relation to their financial decisions. A LPA is a legal document that allows a person to appoint one or more individuals to make decisions on their behalf in case they become unable to make decisions due to mental incapacity or other reasons. I should be grateful if you could assist with the preparation of a report confirming whether they have the requisite mental capacity to sign an LPA for financial affairs. The relevant test of capacity is found in the Mental Capacity Act 2005 (MCA 2005) and provides that: ‘A person lacks capacity in relation to a matter if at the material time he is unable to make a decision for himself in relation to the matter because of an impairment of, or a disturbance in the functioning
PRECEDENTS
[GP OR Doctor] Dear Dr [insert name] Client name Client address Client date of birth I act for [insert client’s name] in connection with a lasting power of attorney (LPA) in relation to their health and care. I am trying to establish whether or not they have the requisite mental capacity to sign the document and understand that you are their general practitioner (GP)/medical practitioner. As part of the assessment, the individual must be able to demonstrate that they can understand the information relevant to making the decision in question. Here, this includes: • what a lasting power of attorney is • why they want to make a lasting power of attorney • who they are appointing and why, and • what powers they are giving to their attorney In addition, the individual must be able to understand that the document must be registered before
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[insert name and address of GP] [insert date] Dear Dr [insert name of GP] [insert full name, address and date of birth of client] I have been consulted by [insert name] who I understand to be your patient. [He OR She]  has requested that I draft a [new] Will on their behalf. The main terms of that proposed Will are that [insert basis details of the terms of the proposed Will]. Having spoken to [him OR her] and with [his OR her] [insert relationship and name of person where appropriate eg daughter, etc] I have some concerns as to the mental capacity of [insert name of client] to give instructions for a Will. I wish to comply with my instructions but cannot do so unless I can be assured that [insert name of client] has capacity to make a Will and is not suffering from an impairment of, or disturbance in the functioning of, their mind or brain such that [he OR she] is unable to make decisions concerning the making of a Will at the relevant