Assent Definition

GLOSSARY

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What does Assent mean?

A method of transfer of estate property only available to personal representatives (PRs). An assent activates the gift of estate property to the beneficiary and, after assent, the PRs hold the asset on trust for the beneficiary until any further formalities to transfer the legal title have been complied with.

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Unfair commercial practices—checklist

Unfair commercial practices—checklist This Checklist considers the key practices, actions and omissions amounting to unfair, misleading or aggressive commercial practices under the Consumer Protection from Unfair Trading Regulations 2008, SI 2008/1277 (CPUTR 2008), which may lead to criminal prosecution, regulatory action and adverse publicity. Consumers also have private rights of redress, including the right to unwind the contract, the right to a discount and the right to seek damages. It considers the changes that the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) will bring about. All commercial practices need to be considered and checked to ensure that they do not breach these requirements. These include marketing techniques; traders should consider in particular new media techniques, which can sometimes be unclear to consumers as being commercial activity. For more information on the CPUTR 2008, see Practice Notes: • The Consumer Protection from Unfair Trading Regulations 2008, and • Private right of redress for consumers See also: Advertising law and regulation—overview and Sales and marketing—overview. The DMCCA 2024 In July 2021, BEIS,...

Due diligence—reviewing a registered title—checklist

Due diligence—reviewing a registered title—checklist This Checklist is for use when reviewing a registered title as part of the due diligence process. It assumes that the title is being reviewed in the context of a proposed purchase of the property but the same considerations will apply when carrying out due diligence in the context of taking a registered charge over the property or entering into a new lease of the property. For unregistered land, see Practice Notes: Deducing title to unregistered land—compulsory first registration, party to register, evidence of title, good root of title and unbroken chain of ownership and Deducing title to unregistered land—stamp duty, mortgages, execution of documents, missing title deeds, sales of part and other considerations. Have official copies of the register and plan been provided? Official copies—register and plan Title to registered land is deduced by providing up to date official copies of the register and plan. These must be ordered from HM Land Registry either by: • submitting a paper form • using their online...

Parliamentary procedure

Parliamentary procedure Types of Bill Most Bills are Public Bills, aimed at a change the law as it applies to everyone. Most Public Bills are government Bills, introduced by ministers either as part of their planned legislative programme, or in response to events. A Public Bill introduced by an MP or a Member of the House of Lords who is not a government minister is called a Private Member’s Bill. Relatively few Private Members’ Bills become law. It is important to keep Private Members’ Bills distinct from Private Bills. Private Bills aim at changing the law in a way that only affects particular individuals or organisations, rather than changing the general law affecting everyone. Each year a number of them are promoted in Parliament by outside organisations. For example, Transport for London (TfL) promoted the Transport for London Bill, aimed at giving TfL further financial and management powers. This Bill became the Transport for London Act 2016. Other examples are the University of London Bill, promoted...

Commercial annual round-up: reviewing 2017 and previewing 2018 [Archived]

Commercial annual round-up: reviewing 2017 and previewing 2018 [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. This year’s annual round-up reviews some of the most significant developments of 2017 and previews what is on the horizon for 2018. This includes the cases of Wood v Capita Insurance Services Limited [2017] UKSC 24 and Ilkerler Otomotiv Sanayai Ve Ticaret Anonim Sirketi v Perkins Engines Company Ltd [2017] EWCA Civ 183, among others. Also included are updates on UU��ֱ��®’s content, including news of exciting developments from the past year and what is coming up in the next 12 months. Reviewing 2017 Contract law What happened in Wood v Capita Insurance Services Limited? The Supreme Court held in Wood v Capita Insurance Services Limited [2017] UKSC 24 that the appellant, which had purchased a company from the respondent, could not recover compensation it subsequently had to pay to the company’s customers who had been affected by mis-selling before it took over the company. The...

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Website terms and conditions of use

Website terms and conditions of use FORTHCOMING CHANGE: On 24 May 2024, the Digital Markets, Competition and Consumers Bill received Royal Assent, becoming the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) and coming partly into force on that date. DMCCA 2024, s 251 (which is not yet in force) will revoke the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008), SI 2008/1277. Once revoked, the provisions presently contained in the CPUTR 2008 will be replaced by Part 4 of DMCCA 2024 (which largely replicates the requirements of the CPUTR 2008). The DMCCA 2024, Part 4, Chapter 2 (which is not yet in force) removes subscription contracts from the scope of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013). The DMCCA 2024, Schedule 18 (which is not yet in force) will amend the Enterprise Act 2002 (EnA 2002) so as to omit Part 8. Once omitted, the provisions presently contained in the EnA 2002, Part 8 will be replaced by the DMCCA 2024, Part 3, Chapters 3 and 4. This Precedent will...

Online consumer terms for the supply of goods, services and digital content—short-form

Online consumer terms for the supply of goods, services and digital content—short-form FORTHCOMING CHANGE: On 24 May 2024, the Digital Markets, Competition and Consumers Bill received Royal Assent, becoming the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) and coming partly into force on that date. DMCCA 2024, s 251 (which is not yet in force) will revoke the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008), SI 2008/1277. Once revoked, the provisions presently contained in the CPUTR 2008 will be replaced by Part 4 of DMCCA 2024 (which largely replicates the requirements of the CPUTR 2008). The DMCCA 2024, Part 4, Chapter 2 (which is not yet in force) removes subscription contracts from the scope of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013). This Precedent will be updated for these changes in due course. For further information on the DMCCA 2024, including a detailed comparison of the CPUTR 2008 and Part 4 of DMCCA 2024, see Practice...

Dive into our 49 Precedents related to Assent

The personal representatives of an estate have assented land to the residuary beneficiaries of an estate, who are all charities, and currently hold the land on bare trust for those beneficiaries. The charities intend to sell the land in the very near future. Is it necessary to instruct a qualified surveyor under section 119 of the Charities Act 2011 to conduct a valuation of the property being sold?

The personal representatives of an estate have assented land to the residuary beneficiaries of an estate, who are all charities, and currently hold the land on bare trust for those beneficiaries. The charities intend to sell the land in the very near future. Is it necessary to instruct a qualified surveyor under section 119 of the Charities Act 2011 to conduct a valuation of the property being sold? Unless the charities are exempt charities, it appears that a sale of the land on their behalf by the personal representatives (assuming that they retain the legal title until the sale), would be subject to the conditions set out in sections 117–123 of the Charities Act 2011. We refer you to the following content that may be helpful in your research: • Practice Notes:

If personal representatives exercise their power of appropriation over the deceased’s land, what formalities must be fulfilled?

If personal representatives exercise their power of appropriation over the deceased’s land, what formalities must be fulfilled? This Q&A assumes that the power of appropriation will be exercised by personal representatives and not trustees. By way of background, the process of appropriation is where a personal representative (PR) or a trustee uses a specific asset in the estate or trust fund, to meet in full or in part, a beneficiary’s entitlement or interest. What is appropriation? PRs have a power of appropriation under the common law over any part of the residuary estate (but not a fund) which may be exercised with the consent of the beneficiary, in or towards satisfaction of a vested legacy or a share of residue. This power allows PRs to deal with both real and personal property even if that property is subject to a trust for conversion. See Practice Note: Personal representatives and trustees—power of appropriation. The powers of appropriation given to PRs is set out in section 41 of...

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A closer look at the Data (Use and Access) Bill of 2024

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Competition weekly highlights—5 December 2024

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