Obtaining the Will The authority of the executors appointed in the deceased's Will arises on the death of the testator. Consequently, the executors are entitled to call for the deceased's Will to be handed to them. Although dealing with the deceased's real assets (in effect land and buildings, and some personal assets, such as stocks and shares and leasehold assets) require the executors to act jointly, for the most part, the ability of the executors to deal with the deceased's personalty is joint and several. Therefore, technically either executor could ask the third party to release the deceased's Will to them on production of the death certificate. See Practice Notes: Personal representatives—authority prior to grant of representation and

A copyright assignment must be in writing and signed by or on behalf of the assignor. It is possible to assign rights in specific works, or even to assign specific rights in specific works, for example, to issue mechanical licences but not synchronisation licences. Partial or total assignment An assignment or other transmission of copyright can be partial. Partial has two meanings. First, it can apply to one or more (but not all) of the ‘things’ the copyright owner has the exclusive right to do. Secondly, it applies to part but not the whole of the copyright period. Note, in section 90(2) of the Copyright, Designs and Patents

Parties to a marriage cannot contract out of the court’s jurisdiction to make orders for financial provision on divorce. If parties are concerned to try to regulate their affairs in the event that their relationship ends this Q&A asks whether this should be done by entering into a declaration of trust or a post-nuptial deed and which will be given greater weight. Declaration of trust A declaration of trust should be an express declaration of trust and, as it relates to real property, it must comply with the Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989). The declaration of trust will declare the spouses’ respective beneficial interests in the property. While this may be binding in relation to third parties, the court retains its powers under section 24 of the Matrimonial

A long lease (ie one for an initial term of at least seven years) is a registrable interest in land. ‘Real estate’, as defined by section 3 of the Administration of Estates Act 1925 (AEA 1925) includes land in possession, remainder, or reversion, and every interest in or over land to which a deceased person was entitled at the time of his death. By AEA 1925, s 1, real estate to which a deceased person was entitled for an interest not ceasing on their death shall,

The effect of Part II of the Landlord and Tenant Act 1954 (LTA 1954) is to provide statutory protection to qualifying business tenants. This is effected by LTA 1954, s 24, which provides that notwithstanding the coming to an end of a qualifying lease by the effluxion of time, the lease is continued unless terminated by either party by service of a notice; and with provision for either party to apply to the court for the granting of a new lease on terms. The effect of LTA 1954, s 24 is that the tenancy does not come to an end until

Part II of the Landlord and Tenant Act 1954 (LTA 1954) provides security of tenure to qualifying business leaseholders. The effect of LTA 1954 is to continue the tenancy as a matter of law after the date that it would otherwise have expired by effluxion of time and allows the tenant to serve a notice seeking the grant of a new tenancy. The grounds that a landlord has to object to the grant of a new tenancy are limited and are set out in LTA 1954, s 30. In order for LTA 1954, Pt II to apply,

Pursuant to the transitional provisions contained in Schedule 2 to the Digital Economy Act 2017 (DEA 2017), a ‘subsisting agreement’ is an agreement for the purposes of paragraphs 2 or 3 or an order granted pursuant to paragraph 5 of the previous code (set out in Schedule 2 to the Telecommunications Act 1984) which was in force at the time the new Electronic Communications Code (the new Code) came into force on 28 December 2017. Paragraph 2 of the transitional provisions states that a subsisting agreement has effect after the new Code comes into force as an agreement under Part 2 of the new Code between the same parties, but subject to certain modifications. Paragraph 6 of the transitional provisions provides that Part 5 of the new Code (which relates to termination and modification

For the purposes of this Q&A we have assumed that: • the trustees and the debtor have been UK resident for tax purposes at all relevant times, and • the house is situated in the UK Taxability of the difference between the amount of the loan and the value of the house depends on the exact terms of the loan. Income tax Liability to income tax will depend on whether the difference constitutes ‘interest’. You may find Practice Note:

There is no express timescale in the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993) for a determination of LRHUDA 1993, s 60 costs. The timescale that applies to LRHUDA 1993, s 48(2) only relates to the terms of acquisition. For further information, see Commentary: Applications where terms in dispute or there has been failure to enter into new lease: Halsbury's Laws

A is potentially able to take advantage of one of the relatively rare exemptions from stamp duty land tax (SDLT) available, which applies in relation to gifts of land under a Will or intestacy. This is because the receipt of property as part of the satisfaction of an entitlement to a deceased person’s estate to a Will or intestacy is exempt from SDLT, provided that the recipient of the property does not give any consideration

This Q&A assumes that the testator's Will is simply missing or has accidentally been destroyed rather than there being any questions as to it having been revoked or as to its validity. Given that it is known that there is a Will, it would be incorrect

In answering this Q&A, we have limited this answer to cover the assumed situation. We have not dealt with the position where one speaks of an EU wide proprietor and a non-EU state proprietor or where the proprietors are not economically linked. Where the trade mark portfolio for a global brand has been split between different proprietors in the EU, it is not possible for the proprietor