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GLOSSARY

Nomination definition

Published by a LexisNexis Private Client expert

What does Nomination mean?

See: Expression of wish.

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Changing charity trustees—checklist

Changing charity trustees—checklist Appointment of new trustee What are the eligibility criteria? Charity trustees must be appointed in accordance with both the terms of the charity’s governing document and the general law. The first step is to check the terms of the charity’s governing document, which may limit the number or the age of trustees. In any event, a person under the age of 18 cannot be a trustee of an unincorporated association or a charitable trust. However, a person aged 16 or over can be a director of a company and so can be a charity trustee of a charitable company. A person is disqualified from being a charity trustee or a trustee of a charity if they: • have an unspent conviction for dishonesty or deception • are an undischarged bankrupt, or the subject of bankruptcy restrictions or an interim order, or have not yet been discharged from a composition or arrangement (this includes an individual voluntary arrangement) with their creditors • have previously been removed...

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Deemed domicile for tax from 6 April 2017 to 5 April 2025

Deemed domicile for tax from 6 April 2017 to 5 April 2025 STOP PRESS: Abolition of non-dom regime and introduction of residence-based IHT regime Finance Act 2025 (FA 2025) which received Royal Assent on 20 March 2025, implements legislation to abolish the remittance basis of taxation and replace it with a residence-based regime, commencing on 6 April 2025. FA 2025 also replaces domicile as the key factor in establishing liability to inheritance tax. Other changes include amendment of the rules determining excluded property status, the abolition of protected settlements status of offshore trusts, and changes to overseas workday relief. For information on these changes, see Practice Notes: The abolition of the remittance basis of taxation from 2025–26 and A new residence-based regime for IHT from 2025–26. See also: Finance Bill Tracking Service: Key dates (Finance Bill 2025) and Finance Act 2025. At Summer Budget 2015, the government announced wide-ranging reforms to the deemed domicile rules and also to the excluded property rules...

Will drafting—taking instructions

Will drafting—taking instructions STOP PRESS: Abolition of non-dom regime and introduction of residence-based IHT regime Finance Act 2025 (FA 2025) which received Royal Assent on 20 March 2025, implements legislation to abolish the remittance basis of taxation and replace it with a residence-based regime, commencing on 6 April 2025. FA 2025 also replaces domicile as the key factor in establishing liability to inheritance tax. Other changes include amendment of the rules determining excluded property status, the abolition of protected settlements status of offshore trusts, and changes to overseas workday relief. For information on these changes, see Practice Notes: The abolition of the remittance basis of taxation from 2025–26 and A new residence-based regime for IHT from 2025–26. See also: Finance Bill Tracking Service: Key dates (Finance Bill 2025) and Finance Act 2025. CORONAVIRUS (COVID-19): For guidance on the difficulties and practicalities of taking instructions during the coronavirus (COVID-19) pandemic, see Practice Notes: Coronavirus (COVID-19)—remote witnessing of Wills [ARCHIVED] and Coronavirus (COVID-19)—Wills [ARCHIVED]. Even...

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Letter—TUPE (2) from transferor or transferee to their employees about the election of employee representatives

Letter—TUPE (2) from transferor or transferee to their employees about the election of employee representatives [ To be typed on headed note paper of transferor or transferee ] [Date] [ Strictly private and confidential ] Dear [insert name of employee], [ [ If from transferor: ] We are writing to tell you that [we are proposing to transfer our [insert details] business to [insert name of transferee] OR we are proposing to outsource our [specify business function] to [insert name of transferee] OR our contract for the provision of [insert details] services to [insert name of client] is coming to an end and, on its termination, those services will be performed by [insert name of new contractor/client]]. OR [ If from transferee: ] We are writing to tell you that [we are proposing to acquire the business of [insert details of transferor] OR we are proposing to bring in house our [specify business function] OR we have agreed a contract to provide [insert details] services to [insert name of...

Deed of variation of lease

Deed of variation of lease date [date] Parties 1 [name of Landlord] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] (Landlord) 2 [name of Tenant] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] (Tenant) 3 [[name of Guarantor] [of OR incorporated in England and Wales (company registration number [number]) whose registered office is at] [address] (Guarantor)] 1 Definitions In this Deed, the following definitions apply: Effective Date • [today OR the date of this Deed OR [other date on which the variation is to take effect]]; [Guarantor’s Obligations • the covenants on the part of the Guarantor in [the Lease OR a [describe other document in which the guarantor gave its guarantee] made between (1) [details of party], (2) [details of party] and (3) [the Guarantor OR [name of Guarantor]] ];] Lease • a lease dated [date] made between (1) [the Landlord OR [name of...

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Disclosure in the context of jurisdiction challenges—court reaffirms two-stage test and emphasises proportionality (Alesayi v Bank Audi SAL)

Dispute Resolution analysis: The High Court has clarified the test governing applications pursuant to CPR 31.12 for specific disclosure in the context of jurisdiction challenges. Mr Justice Dias re-affirmed that the appropriate test remains the two-stage test set out in Rome v Punjab National Bank, and rejected the submission that a separate test of ‘exceptional circumstances’ applies. However, in that context, the court emphasised that disclosure must be both proportionate and targeted, and cautioned against allowing jurisdiction applications to evolve into ‘mini-trials’. Written by Alexandra Prato, Associate at RPC.

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