Joint executors If two or more executors are appointed under the Will, they have a duty to act jointly in administering the estate, namely ascertaining the assets of the deceased, paying all debts and liabilities and distributing the assets according to the terms of the Will. See: Personal representatives—overview. Two

This Q&A assumes that the overseas entity became the registered proprietor of a freehold or leasehold estate before the Economic Crime (Transparency and Enforcement) Act 2022 (EC(TE)A 2022) came into force on 1 August 2022 but not pursuant to an application for registration made before 1 January 1999. EC(TE)A 2022, Sch 3, para 6 requires HM Land Registry to impose a restriction on a registered freehold or leasehold title where an overseas entity is the registered proprietor and became the registered proprietor before EC(TE)A 2022

There can be only one lease at a time giving a right to possession and occupation of property. The landlord cannot unilaterally end an existing lease by the grant of a new lease to a third party (unless the existing lease provided for it). Consequently, if a landlord subsequently grants a lease of the

Presenting a second winding-up petition prior to the Corporate Insolvency and Governance Act 2020 The Practice Direction on Insolvency Proceedings (PDIP) provides at paragraph 9.2 that a search must be undertaken prior to the presentation of a winding-up petition to ensure that no petition is pending, and that a petitioner who presents a winding-up petition (regardless of the ground on which the second petition is based) while another is pending does so at risk as to costs. Although the latest version of the PDIP came into force on 3 July 2020, the requirement to undertake a search for prior petitions and the warning as to costs has existed for a number of years. The reason

An assured shorthold tenancy only comes to an end when the possession order has been executed (section 5(1)(a) and 5(1A) of the Housing Act 1988). However, it is possible for the tenant to surrender their tenancy to the landlord and this surrender to be on terms (such as the landlord not seeking to enforce rent arrears). Unless the tenant surrenders the tenancy and in doing so gives vacant possession, the

How decisions are made within a local authority are governed by the governance model operated by the local authority in question. A council should include, within its constitution, who is responsible for making decisions on executive functions. This is usually by way of a scheme of delegation, as set out in sections 9E and 9P of the Local Government Act 2000 (LGA 2000). For more information, see Practice Notes: Structure

CPR 6 contains separate provisions in respect of service of the claim form and service of other documents. Personal service of a claim form CPR 6.3(1)(a) allows for personal service of a claim form ‘in accordance with rule 6.5’. CPR 6.5(3) defines personal service of a claim form and states how it is served personally on individuals, companies, and partnerships. Personal service of other documents CPR 6.20(1)(a) states that a document other than a claim form may be served by personal service ‘in accordance with rule 6.22’. In certain circumstances, it is mandatory to serve some documents personally. For example, under CPR 81 court orders, judgments and undertakings in relation to contempt of court proceedings must be served personally. The same applies to

We refer you to the introductory text and explanatory note of the Financial Services and Markets Act 2000 (Collective Investment Schemes) Order 2001 (the Order), SI 2001/1062, which say that the Order 2001, SI 2001/1062

As discussed in LNB News 24/01/2022 80: New Statement of Changes in Immigration Rules—HC 1019, the main effect of Statement of Changes to the Immigration Rules: HC 1019 is to make jobs in occupation code 6145 (Care workers and home carers) eligible for sponsorship under the Skilled Worker route. The DHSC/Home Office announcement on 24 December 2021, which preceded the changes (Biggest visa boost for social care as Health and Care Visa scheme expanded) stated that: ‘Thousands of additional care workers could be recruited to boost the adult social care workforce following temporary changes to the health and care visa to make social care workers, care assistants and home care workers eligible for a 12-month period. This will make

See: HM Land Registry Practice Guide 21: using our forms for complex and more unusual transactions. Even though the seller has been appointed sole executor of the deceased's estate in relation to the third title,

The existence of only one trustee can be attributed to either (a) the death of the other trustee, (b) the removal of the other trustee, or (c) the initial appointment of only one trustee. If the protection of a purchaser under section 27 of the Law of Property Act 1925 is to be invoked by the payment of capital money to two or more trustee, in all of these cases, an additional trustee must be appointed. In

Introduction When amending a debenture that creates registrable security interests under the Companies Act 2006 (the CA 2006), it is necessary to consider the nature of the amendment (in particular, whether it creates a new charge) and whether that falls into one of the categories of a registrable amendment. In any event, however, the company must keep copies of the instruments effecting any amendments available for public inspection. In the context of secured lending and for the purpose of this Q&A, the term 'debenture' refers to an agreement that grants security interests over assets provided as collateral for either that party’s own obligations or the obligations of a third party. Note that the term 'debenture' can also refer to a document that either creates or acknowledges a debt. A debenture creates security interests such as mortgages and fixed and floating charges and will therefore be registrable under Part 25 of the Act (see s 859A