Initially, the application for a decree nisi to be made absolute can only be made by the spouse who obtained the decree nisi. The general approach is that decree nisi is not made absolute until after six weeks from the grant of the decree. However, the petitioner may apply for an expedited decree absolute pursuant to section 1(5) of the Matrimonial Causes Act 1973 (MCA 1973) if there are grounds for such an application. If the respondent is terminally ill, this is likely to be considered a reasonable ground for expediting decree absolute. Relevant procedural

Under section 114 of the Senior Courts Act 1981 (SCA 1981), a testator can appoint any number of executors, but a grant of probate cannot issue to more than four persons in respect of the same part of the deceased’s estate. The SCA 1981 does not prevent the possibility

See Practice Note: Will drafting—the family home which explains some of the practical difficulties which may arise on the death of a co-owner of real property. Where an individual wishes to leave their interest in jointly-owned property (held as beneficial tenants in common) by Will on trust for the co-owner for life, with remainder to a third party, the rights of occupation during the surviving co-owner’s lifetime are generally straightforward as the co-owner’s own interest and their rights under the deceased co-owner’s Will coincide, subject to any issues raised by the remaindermen. See Q&A: Does a life interest in a will give a co-owner the right to reside or a right of occupation in the property? However, where the individual wishes to leave their interest in the property to or for the benefit of a third party with the right for the third party to occupy the property during their lifetime, this may conflict with the rights

It is not uncommon for a life interest trust to be established on the death of one of a couple who jointly own a property. While previously there were advantages in terms of inheritance tax in establishing such a trust, these are broadly no longer relevant following the introduction of the Residential Nil Rate Band (commonly referred to as the RNRB). However, there are still reasons to establish a life interest trust. This will often be the case where there is a second marriage or relationship with children from a first relationship and the parent wishes for them to receive the interest in the property in due course, but to enable the survivor to remain in

This Q&A assumes that the testator wants the lifetime gift to be taken into account on their death, so that the recipient does not benefit twice. In circumstances where the testator has made or expects to make advances in their lifetime to certain beneficiaries, they may wish that those beneficiaries

As explained in Practice Note: Voluntary revocation of Wills, a Will may be revoked by a written instrument executed by the testator in one of the following three ways: • by later Will or codicil duly executed • by some writing declaring an intention to revoke the Will and duly executed as a Will • by the testator, or someone in their presence and by their direction,

The acknowledgement of service, Form D10, is a questionnaire that is generated by the court after issue of the divorce petition. The acknowledgment of service must be signed by the respondent or their legal representative. It must include the respondent's address for service and where it is filed by the respondent, indicate whether they intend to defend the case or not (Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 7.12(3)). If the acknowledgment of service, signed by the party served or the solicitor acting on that party's behalf, is returned to the court office, an application is deemed to be served. This is subject to the applicant proving that the signature on the acknowledgment of service which purports to be that of the other party to the marriage or civil partnership is the signature of that party. This is done by either giving oral evidence at a hearing, or, if the case is undefended,

The rules governing third party debt orders (TPDO) can be found at CPR 72. In respect of the court’s jurisdiction to make a TPDO, CPR 72.1(1) states that: ‘This Part contains rules which provide for a judgment creditor to obtain an order for the payment to him of money which a third party who is within the jurisdiction owes to the judgment debtor.’ The third party must therefore owe the debt within the jurisdiction of England and Wales. Form N349 (ie the form to make a third party

A third party debt order (TPDO) is one of a suite of enforcement measures that a party can deploy when seeking to obtain monies from a judgment debtor. Relevant third party debts that can be the subject of an application include money held in the judgment debtor's name in a bank or building society or money owed to a self-employed judgment debtor in the course of their trade. The court has a discretion whether to grant a TPDO and whether they do so will be dependent on the circumstances at the time of enforcement. For more information generally on this type of enforcement order, see Practice Note: What is a third party debt order (TPDO)? The order is obtained in two stages: interim order (without

Civil Procedure Rules Third party debt orders are governed by CPR 72. CPR 72.1(1) states that: ‘This Part contains rules which provide for a judgment creditor to obtain an order for the payment to him of money which a third party who is within the jurisdiction owes to the judgment debtor.’ This makes it clear that the third party must owe the debt within the jurisdiction. What is significant is not so much where the bank’s head office is located, but where the bank account (or, more accurately, the debt owed by the bank to the judgment debtor) is located. The third party debt order attaches to the debt. By paying the judgment creditor pursuant to a third party debt order, the bank is discharging its debt to the judgment debtor. This mechanism breaks down if the debt

The doctrine of privity of contract provides that, as a general rule, subject to some exceptions, only the parties to a contract can have enforceable rights and obligations under that contract, which means that in practice, only a contracting party may sue another contracting party for breach of that contract. For further details, see Practice Note: Third party rights—the common law doctrine of privity of contract. The Contracts (Rights of Third Parties) Act 1999 (C(RTP)A

On the basis of the reference to 56 days, we assume that your query relates to applications for prior approval under various provisions within the Town and Country Planning (General Permitted Development) (England) Order 1995 (GPDO 1995), SI 1995/418, as amended. GPDO 1995, SI 1995/418, art 3 grants (by operation of law) a general consent for development of a variety of descriptions, all set out in GDPO 1995, SI 1995/418, Sch 2. Among these there are several (for example Part 3 Class M) which are granted subject to the condition that, before beginning development, the developer must apply to the planning authority for a determination whether ‘prior approval’ will be required as to certain potential areas of impact, such as transport and highways. Most, but not all, consents subject to this prior approval requirement are found within Part 3. For all of these the relevant procedure is found within Part