Attestation clause definition

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Transactions involving charities—checklist

Transactions involving charities—checklist Acting for a charity — initial matters to check Trustees Confirm the identity of the current charity trustees. Check previous deeds of appointment and retirement to confirm the validity of previous changes. Do the current trustees have any apparent conflicts of interest? Trust instrument Read the trust instrument and confirm the powers conferred by it. Note any express restrictions on the exercise of those powers. Note if any of the charity’s land is functional, designated or in specie land. Land and leases Identify the charity’s land holdings and: • confirm that title to all the charity’s land is up to date. Have any necessary deeds or transfers been executed following a change of trustees, or is statutory vesting being relied on? Verify due execution of all documents • confirm that appropriate restrictions have been entered on the title register • confirm (so far as possible) that the land was acquired with due authority and review all leases under which the charity is either landlord or tenant. Note...

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Structure and form of commercial contracts

This Practice Note describes the structure and form of a business to business commercial contract or agreement. It outlines the form which commercial agreements generally take and explains what information should be included in the contract document, including in the parties, background (or recitals), main body, schedules and attestation sections.Form of commercial contractsHow a contract is formedA contract is a legally binding agreement that grants rights and creates duties between two or more parties. Contract law principles provide that for a contract to exist, four key elements must be present:•offer (see Practice Note: Forming enforceable contracts—offer)•acceptance (see Practice Note: Forming enforceable contracts—acceptance)•consideration (see Practice Note: Forming enforceable contracts—consideration), and•an intention to create legal relations (see Practice Note: Forming enforceable contracts—intention to create legal relations)Simple contracts v deedsSimple contracts may be created orally, by conduct or in writing.Certain types of simple contracts however must be created in writing. For details, see Practice Note: Contracts required to be in writing.Some agreements require greater formality and must be executed by deed. A deed...

Jointly owned property and loss of capacity Q&As

Jointly owned property and loss of capacity Q&As This Practice Note aims to guide practitioners to Q&As covering the rules and procedure that apply in cases where one or more of the owners of jointly owned property lacks mental capacity. It should be noted that Q&A content is not maintained and so the Q&As linked to from this Practice Note state the law as at the date indicated in each case. Introduction When two or more people own real property together, whether as joint tenants or tenants in common, a trust of land is created of which the owners are trustees. If one or more of those trustees becomes incapable of managing their property and affairs they will not be able to sign any legally binding documents dealing with the property. If such a property is to be sold an application will need to be made for an order appointing someone to replace the incapable trustee, or trustees. For information on the level of capacity required to...

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Guide to executing deeds and documents in property transactions

Guide to executing deeds and documents in property transactions This Precedent sets out precedent execution clauses for the types of entities most commonly encountered in property transactions. It includes provisions for both contracts and deeds. Most entities will have a choice of methods of execution. Consequently, it is important to check with your client as to their preferred/required method. Where appropriate, the example execution clauses specified are those prescribed by the Land Registration Rules 2003, SI 2003/1417, or recommended by HM Land Registry (HMLR) in the relevant HMLR Practice Guide. For deeds which are to be submitted to HMLR, the form of execution should always be checked against current HMLR requirements. For further guidance, see Practice Note: Property deeds—use and execution of deeds in property transactions — HM Land Registry requirements. Note that a contract for the sale, or other disposition, of an interest in land is void unless it complies with section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989). This means that...

Transfer for sale by LPA or fixed charge receiver

Transfer for sale by LPA or fixed charge receiver Precedent Transfer An adaptable Word version of the precedent form TR1 can be downloaded, saved or printed from the link on this page. Drafting notes to precedent transfer General The references to 'Panels' in this precedent are to panels in HM Land Registry form TR1. This is the prescribed form of transfer of the whole of freehold or leasehold land prescribed by the Land Registration Rules 2003. Form TR1 may also be used for transfers of the whole of unregistered land if the disposition will attract compulsory registration or if the transferee is certain that a voluntary application for registration will be made. Panel 4 — Transferor Although appointed by the mortgagee, the receiver acts as agent for the borrower and the property remains vested in the borrower. The Transfer is therefore made by the borrower acting by the receiver, who will usually have a contractual power under the charge to act in the name of the...

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What is an attestation clause and which planning documents require one?

What is an attestation clause and which planning documents require one? An attestation clause is a clause stating that a document has been executed by an individual in the presence of a witness or witnesses (ie the witness attests the execution). As per section 1(3) of the Law of Property (Miscellaneous Provisions) Act 1989, where a deed is executed by an individual it is a requirement that the deed is executed in the presence of a witness who attests the signature. As such, standard attestation clause(s) are commonly added to Precedent documents (see Practice Note: Executing documents—deeds and simple contracts). In a planning context, certain statutory provisions permit local planning or highways authorities to enter into agreements, but require such agreements to be

Is a blind testator's Will invalidated if it does not have the correct attestation clause confirming that the Will has been read out to the testator?

Is a blind testator's Will invalidated if it does not have the correct attestation clause confirming that the Will has been read out to the testator? See Practice Note: Validity of Wills—signature for guidance on the requirements in relation to the testator’s signature, witnessing requirements and appropriate attestation clauses. In the Non-Contentious Probate Rules 1987 (NCPR 1987), SI 1987/2024, r 13, ‘execution of a Will of blind or illiterate testator’ states that, before admitting to proof a Will which appears to have been signed by a blind or illiterate testator or by another person by direction of the testator, or which for any other reason raises doubt as to the testator having had knowledge of the contents of the Will at the time of its execution, the district judge or registrar shall satisfy himself that the testator had such knowledge. It is therefore good practice

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Banking & Finance—February 2023 case round-up

Banking & Finance analysis: This News Analysis provides a summary of the cases we have alerted in LexisPSL Banking & Finance for February 2023.

How to witness and attest a deed under the Law of Property (Miscellaneous Provisions) Act 1989 (Euro Securities & Finance v Barrett)

Commercial analysis: Section 1(3) of the Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989) provides (among other things) that ‘An instrument is validly executed as a deed by an individual if, and only if—(a) it is signed, (i) by him in the presence of a witness who attests the signature…’. A loan was offered by the claimant lender to Rhombus LLP. A guarantee (the ‘Guarantee’) of Rhombus LLP’s indebtedness, purporting to be a deed, was signed by each of the three defendants, and signed by a single person purporting to be a witness, before being returned to the claimant. The defendants later denied that that the Guarantee had been validly witnessed or attested because of the physical and temporal circumstances in which it was signed. His Honour Judge (HHJ) Tindal examined the law on attestation and found that LP(MP)A 1989, s 1(3) had been complied with; before further finding that, in any event, the defendants would be estopped from denying that the Guarantee was a valid deed. Written by...