For information on deeds of variation, see Practice Note: Variation of Will or intestacy after death and for guidance on the role of a protector, see Practice Note: Protectors. For guidance on creating a trust through a deed of variation,

If a lease is for a term of more than seven years, then if it was created after the Land Registration Act 2002 (LRA 2002) came into force on 1 October 2003, it will only take effect as a legal interest if it is registered at HM Land Registry (LRA 2002, ss 4(1)(c) and 7(1)(2)(c). If there is a failure to register a lease of more than seven years, then it takes effect as a contract made for valuable consideration to grant or create the legal estate concerned. The registration requirement is that the grantee be registered as proprietor and that notice of the lease be entered in the register (LRA 2002, s 27(1) and Sch 2, para 3). A lease in respect of which the registration requirements have been met will take effect as a legal interest, but if the variation

A deed of variation which complies with section 142 of the Inheritance Tax Act 1984 (IHTA 1984) and section 62(6) of the Taxation of Chargeable Gains Act 1992 (TCGA 1992) can be used to redirect a legacy which is settled in a Will on immediate post-death interest (IPDI) trusts. The life tenant and the remainder beneficiaries would need to execute the deed, as owners of the whole beneficial interest, if the legacy is to be held for a replacement beneficiary absolutely. Where the whole of the estate

Section 144(1) of the Inheritance Tax Act 1984 (IHTA 1984) applies where property comprised in a person's estate immediately before his death has been settled by his Will and, within two years of his death, an event occurs which would otherwise have given rise to a charge on that property under the provisions for settlements without a beneficiary-taxed interest in possession. The consequences of IHTA 1984, s 144 applying are two-fold. First, there is no inheritance

Although an easement, such as a right of way, can lapse in certain circumstances (such as abandonment), by far the most certain method of extinguishment is by entering into a deed of release. The deed must be in writing, and must include as parties the owner and any mortgagee of the dominant land. There are numerous reasons why it might be desirable for an easement to be released, such as development of the land. In some cases, it may be desirable to put in place a conditional release, to ensure that, on the happening of certain conditions, such as the grant of planning permission, the easement

Under CPR 13.3(1), the court may set aside or vary a default judgment if the defendant has a real prospect of defending the claim or there is some other reason the judgment should be set aside or varied; or the defendant should be allowed to defend the claim. In practice, if the court sets aside a default judgment they will subsequently relist the claim with appropriate directions. The circumstances

Pre-charge bail Bail from a police station, whether it be following arrest or detention, pending further enquiries or pending charge, encompasses a duty to attend at such police station as the custody officer may appoint at such time as they may appoint (bail return date). This provision is now subject to section 47ZA of the Police and Criminal Evidence Act 1984 which imposes limits on the period in respect of which pre-charge police bail can be imposed (applicable bail period). The new regime not only includes

This question is asked in the abstract and without reference to any specific set of proceedings or identified company voluntary arrangement (CVA). It is also not stated at what stage of the proceedings the intention to bring the counterclaim has arisen. CPR 20 covers a number of distinct types of additional claim, as set out in CPR 20.2(1): ‘…(1) This Part applies to—(a) a counterclaim by a defendant against the claimant or against the claimant and some other person; (b) an additional claim by a defendant against any person (whether or not already a party) for contribution or indemnity or some other remedy; and (c) where an additional claim has been made against a person who is not already a party, any additional claim made by that person against any other person (whether or not already a party).’ The

An ‘additional claim’ is any claim other than the claim brought by the claimant against the defendant: CPR 20.2(2)(a). A counterclaim is, therefore, a species of additional claim. (This is clear from the heading of CPR Part 20—Counterclaims and other additional claims.) The principle is that, save for exceptions that are not relevant here, an additional claim is treated as if it were a claim for the purposes of the Civil Procedure Rules 1998 (CPR 20.3(1)). The procedure and consequences for discontinuing a counterclaim are therefore essentially same as for discontinuing a claim. Procedure Given that a counterclaim is treated as claim, CPR Part 38 will also govern the discontinuance

In order to be a valid Part 36 offer, such an offer must comply with CPR 36.5(1): • ‘A Part 36 offer must— (a) be in writing; (b) make clear that it is made pursuant to Part 36; (c) specify a period of not less than 21 days within which the defendant will be liable for the claimant’s costs in accordance with rule 36.13 or 36.20 if the offer is accepted; (d)

Generally, in claims allocated to the small claims track, the parties bear their own costs. This is provided for in CPR 27.14. CPR 27.14 states that in a small claim case, the court 'may not order a party to pay a sum to another party in respect of that other party’s costs, fees and expenses, including those related to an appeal' except in certain specified circumstances. The specified circumstances where the court can order a party to pay another’s costs in a small claims case are listed in CPR 27.14(2). They include particular costs which can be recovered such as any fixed costs under

Pursuant to paragraph 43 of Schedule B1 to the Insolvency Act 1986, a company in administration is protected by a statutory moratorium in that no legal process (including legal proceedings, execution and distress) may be instituted or continued against the company or its property except with the consent of the administrator or the permission of the court. The procedure