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A caveat is a notice in writing that no grant is to be sealed without notice to the caveator.
A caveat prevents the sealing of a grant whilst the caveat remains extant. The main object of a caveat is to give the person entering the caveat time to obtain legal advice or evidence in the matter.
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Assignment of a rack rent lease (assignor)—checklist This Checklist is primarily for use on the assignment of a commercial lease. It is not exhaustive and will not cover every eventuality for every transaction. You must always consider whether there are any other issues that need to be addressed. It assumes that: • the lease is a lease of commercial property let at an open market rent to an occupational tenant under terms where the landlord insures the property • the assignor occupied the property for the purposes of their business and the assignee also intends to occupy the property for the purposes of their business • the lease is a head lease and the property is not subject to any underleases • the lease is not subject to a fixed charge (in practice this would be unusual), and • no premium is payable If the assignment is part of a larger or more complex transaction, further relevant content may be found in Sale of commercial property (seller)—checklist and Practice Note:...
Glossary—Latin legal terms Despite attempts in recent years to simplify the language used in legal cases, there are still a number of Latin phrases commonly used in personal injury claims. The following Latin phrases are listed in alphabetical order: Latin term Definition Meaning Acta iure imperii Legal acts of public nature Liability of the state for actions or omissions in the exercise of state authority Bona Fide In good faith A Bona Fide agreement is one entered into without intent to deceive Caveat Take care/caution A legal notice to the court to prevent another party taking action without informing the person who gave the notice Compos Mentis Of sound mind Legally fit to conduct the claim De Facto In fact As a matter of fact Ex Gratia As a matter of favour An ex gratia payment is made without any legal or contractual obligation to do so Ex Parte By a party An ex parte application is made to the court by one party in the absence or without...
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STOP PRESS: HMCTS announced updates to the caveat application process from 25 October 2022. See: LNB News 11/10/2022 10.CaveatsA caveat (also known as a stop) is a written notice that a person who wishes to prevent a grant being issued may enter in any registry or sub-registry.Generally, a caveat is used if a person wishes to prevent a grant, because they dispute the validity of a Will or who should administer the estate.By lodging a caveat, the caveator will be notified of an application for a grant and given the opportunity to object to the issue of a grant.Once a caveat has been entered, the onus moves to those seeking to prove the Will to take action to remove the caveat, as it prevents a grant being issued until the caveat has been removed by:•the non-appearance of the caveator to the warning•the withdrawal of the caveat by the caveator•an order of a district judge, registrar or High Court judge•the expiration of six months from the date of entry or effective...
Role of the courtThe High Court has jurisdiction in relation to probates and letters of administration, in particular all contentious and non-contentious jurisdiction relating to:•testamentary causes and matters•the grant, amendment or revocation of probates and letters of administration, and•the real and personal estates of deceased personsProbate jurisdictionThe probate jurisdiction of the High Court is divided between the Family Division and the Chancery Division (and county court).The Family Division deals with non-contentious or common form probate business and the Chancery Division deals with contentious or solemn form probate business. See Practice Note: What are common and solemn form probate?Probate jurisdiction—Family DivisionThere are three main issues:•whether a document is admissible to probate•who is entitled to a grant of representation•whether a grant already made should be revokedRight of interpretation—Family DivisionTo grant representation the Family Division may consider the terms of testamentary documents to determine a point of construction but is not bound to do so. Instead, it may use its discretionary power to make a grant to a suitable person, leaving the question...
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Warning to caveator Warning to caveator, Rule 44(5) In the High Court of Justice Family Division [The nominated registry as defined by rule 44(15)] To [name] of [address] a party who has entered a caveat in the estate of [name] deceased. You have fourteen days (starting with the day on which this warning was served on you): 1 to enter an appearance either in person or by your solicitor or probate practitioner, at the [name and address of the nominated registry in which the caveat index is maintained] setting out what interest you have in the estate of the above-named deceased contrary to that of the party at whose instance this warning is issued; or
Summons for discontinuance of caveat IN THE HIGH COURT OF JUSTICE FAMILY DIVISION [THE PRINCIPAL REGISTRY OR [location] DISTRICT PROBATE REGISTRY OR PROBATE REGISTRY OF WALES] In the Estate of [name] deceased SUMMONS LET [name], the [caveator OR person warning], or his Solicitor, attend [the District Probate Registrar of the [location] District Probate Registry OR Probate Registry of Wales at [address] OR one of the District Judges of this Division at the Principal Registry, First Avenue House, 42–49 High
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To what extent can an executor sell estate properties and collect in the rest of the estate assets if they are put on notice of a claim under the Inheritance (Provision for Family and Dependants) Act 1975? It is assumed that the properties in question are not subject to either a joint tenancy (given that otherwise they would pass outside of the estate automatically by virtue of the right of survivorship) or other restrictions contained within the deceased’s Will (which may be likely if the properties are owned jointly as tenants in common). Under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975), an application for a claim must be made within six months from the date of the grant of probate. During this period, and ideally for four months after to allow for the subsequent service of proceedings, an executor should not distribute the estate. This Q&A refers to this ten-month period as the ‘limitation period’. (It is worth noting that if a person has a claim...
Where a claim has been stayed because the respondent company is in administration, is the respondent nevertheless required to submit an ET3 (within the usual timeframe), or can the respondent wait for the stay to be lifted before submitting the ET3? Paragraph 43(6) of Schedule B1 to the Insolvency Act 1986 (IA 1986) provides, so far as relevant, as follows: ‘No legal process may be…continued against [a company in administration] except with the consent of the administrator or with the permission of the court’. The ‘court’ in this instance is, exclusively, the Companies Court and not the Employment Tribunal (ET). It has been confirmed by the Employment Appeal Tribunal (EAT) that the ET has no power or discretion to continue with a claim against a company in administration (see Ince Gordon Dadds LLP v Tunstall). That can only be done with the consent of the administrator (which is rarely given, for obvious reasons) or by Order of the Companies Court. The only course available to the...
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This Q&A considers how an executor should deal with the administration of estate assets, including selling and collecting in assets, when on notice of a potential claim under the Inheritance (Provision for Family and Dependants) Act 1975.
Tax analysis: In Beard v HMRC (2 May 2025), the Court of Appeal upheld decisions of the First-tier Tax Tribunal (FTT) and Upper Tribunal (UT) that distributions the taxpayer received from an overseas company, which were debited from the company’s share premium account, were dividends that were not capital in nature and were therefore chargeable to income tax.
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