HMLR has updated PG8 (execution of deeds): ‘Section 2.7.2 has been amended to clarify that HM Land Registry will accept a certificate by the conveyancer acting for the limited partnership stating that a deed has been duly and properly executed in accordance with the partnership’s constitution.’ Source: www.gov.uk.
As readers will know from the above case, s83 ACA prohibits an individual from bringing a child to the UK ‘for the purpose of adoption’ – a phrase for which there is no statutory guidance. In this case, the key issue was what ‘for the purposes of adoption’ means in circumstances where an aunt (A) …
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Does disclaiming a legacy amount to a ‘failure’ of legacy for the purposes of determining how and where that legacy is to be redirected? T died in mid-2023 leaving a will that left two pecuniary legacies, and the residue equally to six beneficiaries. His son (D) was named under clause 6 of the will as …
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HMLR has updated PG16 (profits a prendre). Not a PG that practitioners will use every day, but important therefore to ensure that the correct forms are used. HMLR reminds us that: ‘A profit a prendre is a right to take something from another person’s land. This could be part of the land itself, such as …
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Where either or both parties have business assets, the matter of valuing the assets can be particularly complex and challenging. Expert professional valuations are crucial to determining the issues, given the factors at play. The parties separated after a marriage lasting around five years. H was a dual citizen in the UK and in country …
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Practitioners who don’t routinely advise clients who are moving to, or returning from abroad (or who own foreign assets) should note a new Law Society Practice Note on mental capacity issues in an international context. Its focus is limited to LPAs (property and affairs), EPAs and deputyship. Solicitors are increasingly dealing with matters that involve …
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HMLR has made a small but important change to PG26 (leases: determination). ‘Section 3 relating to determination on merger has been amended to clarify that an application must be made against all affected titles so that it is clear there is an intention to merge the estates.’ It is important for practitioners to ensure that …
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The court has power to vary or suspend a periodical payments order under s31 MCA if a parent’s financial circumstances change significantly. As always, the court will consider the welfare of the children before making any order. A was a company executive in China with an income assessed at £7,500 a month. In June 2023 …
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HMLR has made a change to PG64 (prescribed clauses leases) as follows: ‘Section 5.5.2.1 relating to the completion of prescribed clause LR5.2 explains the importance of completing this clause when the provisions of any of the following Acts affect the way in which HM Land Registry must deal with the application: Leasehold Reform Act 1967, …
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In February’s edition of PL, we covered an adoption decision in which a judge criticised the LA for refusing a birth mother direct contact with the child. Another LA has attracted judicial criticism for its failure to understand its obligations around support services. LAs have a statutory obligation to offer appropriate support services to prospective …
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