HMLR has made some important updates to PG19 (notices and restrictions). Section 3.1.5.6 has been amended to include guidance on compliance with company counter-fraud restrictions and now reads: ‘Where a restriction in Form LL or the company counter fraud restriction (see Companies) is entered in a register the certificate required to comply with the restriction …
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Where a ‘connected’ person wants PR for a child and M agrees, they must complete a parental responsibility agreement and take it to the family court for witnessing. Practitioners should note that HMCTS has updated Forms C(PRA1) and C(PRA2) for the witnessing by the court of these agreements, with additional information about the original certificates …
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The certificate provider is an independent person who signs an LPA to confirm the donor has mental capacity to make the deed and is not under duress, etc. But what is the extent of their duties? The CoP has clarified that the certificate provider must first check the conditions set out in MCA 2005 are …
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HMLR has updated PG63 (the land charges registers and agricultural credits register). These are niche areas – so it is important to stay on top of updates. This guide has been updated to reflect the withdrawal of the fax service previously available; to clarify HMLR practice on certain points, particularly on the cancellation of land …
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A legally valid decision can only spring from a fair hearing; if a hearing is unfair a judgment cannot stand. In this case, an order had been granted for indirect contact between P and his paternal grandparents (the appellants) once a month in the form of photographs, cards, presents and letters. F was serving a …
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The court has strictly upheld time limits set out in an order and refused an application by T’s daughter (D) to propound a will. D failed to issue her claim in time to comply with an unless order issued by the district registrar. Under the terms of the order, she was required to serve proceedings …
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Rentcharges continue to vex conveyancers, so a recent update to PG56 should be noted. Section 2.5 has been updated to clarify that a note will be added to the register if evidence of registration at Companies House is not lodged with the application in accordance with rule 111 of the Land Registration Rules 2003 and …
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If a court grants permission under s13 MFPA 1984, having heard only the applicant and without notice, the other party has an absolute unfettered right to apply to have the order set aside. The applicant still has the burden of showing ‘substantial ground’ for making the application. The parties married in Russia in 1983 where …
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This was an appeal, in the course of a probate dispute, on the single issue of the beneficial entitlement of a Welsh farm. The freehold to the farm was acquired in 1986 and held in the names of the claimant and both his parents. His father (T) died in 2018. In 2021, the claimant brought …
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Note that HMLR has made a few changes regarding the ID forms. Form ID4 (certificate of identity for a body corporate where the certifier is a non-conveyancer) has been withdrawn. It has also reduced the list of non-conveyancers permitted to certify Form ID3 (certificate of identity for a private individual) and withdrawn their ability to …
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