The executor’s year The executor’s year is a rule of practice whereby the executors have one year to ascertain, collect in and distribute the deceased’s assets in accordance with their duties under sections 25 and 34 of the Administration of Estates Act 1925 (AEA 1925). AEA 1925, s 44 confirmed the pre-existing practice and provides that ‘a personal representative is not bound to distribute the estate of the deceased before the expiration of one year from the death’. The executors can distribute prior to the end of the executor’s year but cannot be compelled to pay a legacy before that time. The executor’s year is rule of convenience which gives the executors time to administer the estate. See generally: Personal representatives—overview. Interest on pecuniary legacies If a pecuniary

Code 5 of The Pension Regulator’s (TPR) Code of Practice relates to the reporting of late payments to money purchase occupational pension schemes or occupational pension schemes with a money purchase section. It is directed to the trustees or managers of such schemes. Under section 90 of the Pensions Act 2004 (PeA 2004), TPR has a statutory duty to issue a Code of Practice relating to reporting material late payment by an employer of (1) contributions deducted from employees’ earnings and (2) the employer’s own contributions. The

Our Practice Note: Part 36 offers—how and when to accept a Part 36 offer, in the section entitled How to accept a Part 36 offer, explains that: 'Subject to any requirement for the court's permission to accept a Part 36 offer, although it must be in writing (CPR 36.11(1)) there is no prescribed form for accepting a Part 36 offer; a letter should suffice. The offeree accepts an offer when written notice of acceptance is served on the offeror (CPR

Regulation 19 of the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 2013, SI 2013/2734, applies in respect of members who have a right or entitlement to flexible benefits and requires the scheme to provide them with retirement information ‘at least four months before: • where there is a retirement date, that date, or • where there is no retirement date, the date the member attains normal pension age’ [reg 19(3)] Moreover: • ‘retirement date’ means ‘the date specified by: ◦ the member to the trustees or managers of the scheme that is acceptable under the rules of the scheme, or ◦ the trustees or

The European regime governing mergers between companies in different Member States of the EEA derives from Directive 2005/56/EC, the Directive on Cross-Border Mergers of Limited Liability Companies (Directive). The UK implemented the Directive via The Companies (Cross-Border Mergers) Regulations 2007, SI 2007/2974, as amended by the Companies (Cross-Border Mergers) (Amendment) Regulations 2008, SI 2008/583 and the Companies (Reporting Requirements in Mergers and Divisions) Regulations 2011, SI 2011/1606 (Cross-Border Merger Regulations). The basic framework of a merger pursuant to the Cross-Border Merger Regulations, SI 2007/2974 involves: • circulation of all relevant proposals to shareholders • approval of the merger by shareholders and creditors • approval of the pre-merger requirements by the court or other competent

This question raises the nature of protection which is given to those living in premises when faced with a landlord seeking to exercise a right to forfeit their lease. It is assumed that in the present case, the tenant has breached the terms of the lease and that the necessary notice under section 146 of the Law of Property Act 1925 has been served. The focus will be upon the effect of part of the demised premises being occupied as a dwelling. Usually a distinction is drawn between premises occupied for the purposes of a business and those occupied as a dwelling. In the present case, the demised premises comprise both commercial and residential property. There is one lease covering both of them. Where premises are

We assume this Q&A is referring to a money judgment to pay a specified amount of money. In answering this Q&A we have limited our research to cover money judgments and have focussed on whether and, if so, at what rate a money judgment accrues interest post judgment. Judgment debts accrue simple interest at a rate of 8% a year until payment, unless the court rules otherwise. This rate has applied to judgments since 1 April 1993. Interest runs from the date judgment is given, unless the court or a rule or practice direction says otherwise. The court may order that interest shall begin to run from a date before

A mortgage is a proprietary right over real property created by a charge expressed by deed (see section 85 of the Law of Property Act 1925 (LPA 1925)). A legal mortgage involves a disposition of the legal estate to the mortgagee and is a registrable disposition (see section 27 of the Land Registration Act 2002 (LRA 2002)). A failure to register a legal mortgage gives rise to a mortgage in equity only. This means that the mortgagee has limited protection in terms of the monies advanced and in particular will rank in order

Writs of possession for land Enforcing a High Court order for possession of land is dealt with in CPR 83.13. Where a party has obtained a judgment or order for the giving of possession of land, it may be enforced in the High Court by any of: • a writ of possession • an order for committal under CPR 81.4 (enforcement of judgment, order or undertaking to do or abstain from doing an act) • a writ of sequestration under CPR 81.20 (writ of sequestration to enforce a judgment, order or undertaking) For further guidance, see Practice Note: Enforcing a judgment or order for possession of land. Permission to issue a writ of possession Permission will be required to issue a writ of possession to enforce an order/judgment for possession of land, unless: • it is a

Section 104(1) of the Law of Property Act 1925 (LPA 1925) provides that a mortgagee exercising the power of sale conferred by the LPA 1925 may transfer the property free from all estates, interests and rights to which the mortgage has priority. This

The Protocol for Possession Claims Based on Mortgage or Home Purchase Plan Arrears in Respect of Residential Property (the Protocol) will apply to any claim for possession of a dwelling which is based on mortgage arrears (or home purchase plan arrears). The Protocol describes the behavior of the parties which the court will expect to see prior to the issues of proceedings, including the steps which a mortgagee must have taken and matters which it must

Nature of occupation It is important to distinguish between a lease (ie a tenancy) and a licence. A lease gives rise to a relationship of landlord and tenant, and is a proprietary right. A licence, on the other hand, is a purely personal right to occupy some premises and no security of tenure can arise under a licence. The court will look at the substance of the agreement to ascertain whether or not it is in fact a tenancy. See Q&A: Following termination by the licensor of a commercial licence to occupy, the licensee has remained in occupation for 14 months, paying rent