Abatement Definition

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GLOSSARY

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What does Abatement mean?

The receipt by legatees of part of or none of their entitlement due to insufficient assets to discharge the entitlements in full.

Where the assets are sufficient to discharge the debts and specific legacies but not the general legacies, the latter are subject to abatement unless the will clearly indicates otherwise.

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Negotiating repair obligations in Scottish commercial leases—checklist

Negotiating repair obligations in Scottish commercial leases—checklist At common law a landlord, in comparison to a tenant, has quite onerous obligations in so far as the maintenance and repair of a let premises is concerned, see Practice Note: Repair clauses in commercial leases in Scotland—Repair under the common law. In commercial leases, it is almost universal practice for the landlord to seek to divest itself of all common law repairing obligations in relation to the premises let to the tenant (but not the common parts in multi-let buildings, see Practice Note: Service charge and outgoing provisions in commercial leases in Scotland). As such, commercial leases typically impose significant repairing obligations on the tenant. The most common form of commercial lease is a full repairing and insuring (FRI) lease where the tenant is responsible for all repairs of whatever nature with the exception of insured risk damage, see Practice Note: Repair clauses in commercial leases in Scotland—Contracting out of the common law—the full repairing and insuring (FRI) Lease and The modern...

Annual report and accounts (quoted companies)—checklist—accounting periods before 1 January 2019 [Archived]

Annual report and accounts (quoted companies)—checklist—accounting periods before 1 January 2019 [Archived] ARCHIVED: This archived Checklist sets out the principal reporting requirements for quoted companies with accounting periods beginning before 1 January 2019 under the Companies Act 2006, the Listing Rules, the Disclosure Guidance and Transparency Rules, and the 2016 edition of the UK Corporate Governance Code. It refers to rules, provisions and definitions that may no longer exist or have been amended, including laws and regulations previously in place before the UK left the European Union. For a maintained Checklist summarising the reporting requirements for quoted companies with accounting periods beginning on or after 1 January 2019, see Checklist: Annual report and accounts (quoted companies)—checklist—accounting periods on or after 1 January 2019. This checklist sets out the principal reporting requirements for quoted companies with accounting periods beginning before 1 January 2019 under the Companies Act 2006 (CA 2006), the Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008, SI 2008/410 (Large and Medium-sized Companies Regulations),...

Failure of gifts—causes and effect

When the Will is drafted, it is important to consider as many eventualities as possible, to ensure that the gifts made in the Will can take effect as the testator would have intended. Even in cases where a Will has been drafted carefully, there may be a number of circumstances in which a testamentary gift fails.Reasons a gift may failThere are a number of ways a gift may fail. Some of the more common causes for the failure of a gift are outlined below.Failure to survive the testator—the doctrine of lapseIf an intended beneficiary predeceases the testator, the gift to them lapses and does not take effect. Furthermore, the Will may require the beneficiary to survive the testator for a specified period of time and the beneficiary fails to survive the requisite period. On an intestacy, the statutory requirement is that the surviving spouse or civil partner must survive the deceased by 28 days.A gift to children or remoter issue of the deceased (and do not survive the deceased) may...

Contents of Wills—annuities

An annuity is a sum of money payable periodically, out of personal estate. Savery v Dyer (1752) Amb 139 (not reported by ��Ƶ®). It is personalty Parsons v Parsons. An annuity is a legacy and a bequest of such a capital sum as may be necessary to produce the amount of the annuity.Annuities are sometimes useful if a drip-feed approach is required. They are essentially, legacies payable by instalments for the lifetime of a beneficiary.The Will should provide if:•the executors have the power to purchase the annuity from the estate's capital assets•the executors set aside a sum from income to fund the purchase of the annuity•the executors set aside a sum from both capital and income to fund the purchase of the annuity•the annuity is purchased during the executors' lifetimes, if they have the funds to do so, the deferred annuity being vested in trustees on deathDepending on the method chosen, there will be differing tax considerations, both capital and income.Annuities may be created:•inter vivos by deed•by Will•by or under...

Discover our 127 Practice Notes on Abatement

Abatement notice for a statutory nuisance made under the section 80 of the Environmental Protection Act 1990

Abatement notice for a statutory nuisance made under the section 80 of the Environmental Protection Act 1990 [name] [District] [Borough] [City] Council ABATEMENT NOTICE made under section 80 of the Environmental Protection Act 1990 To: [name] of [address] Take notice that 1 The [name] [District] [Borough] [City] Council (the Council) is satisfied that a statutory nuisance [exists OR is likely to [occur OR recur] ] under section 79(1) [specify which subsection] of the Environmental Protection Act 1990 (EPA 1990) from [the premises at] [specify the address of the source of the nuisance] arising from [describe the matters which are causing the nuisance]. 2 This abatement notice is served on you because you are [the person responsible for the statutory nuisance OR [the owner OR the occupier of] the premises]. What you are required to do 3 [You are required to abate the nuisance [forthwith OR within [specify hours, days, weeks] from the service of this Notice] [and] ] [You are required...

Duty of care agreement providing for the agents appointed to manage commercial property on behalf of the borrower to have a duty of care to the funder

Duty of care agreement providing for the agents appointed to manage commercial property on behalf of the borrower to have a duty of care to the funder date [date] Parties 1 [name of Managing Agent] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at] [address] (Managing Agent) 2 [name of funder] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at] [address] (Funder) 3 [name of borrower] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at] [address] (Borrower) Background 1 The Managing Agent has been appointed by the Borrower in connection with the management of the Property under the Principal Management Agreement. 2 A facility has been made available to the Borrower pursuant to the Facility Agreement. 3 The Managing Agent has agreed to enter into this Agreement. 1 Definitions In this Agreement the following definitions apply: Act of...

Dive into our 10 Precedents related to Abatement

Where the freehold of a unit and service yard has been severed and are now under different ownership, how can the tenant of the unit protect the right of way which it enjoys over the service yard as part of a lease renewal of the unit? What action could the tenant take if the right of way over the service yard is blocked?

Where the freehold of a unit and service yard has been severed and are now under different ownership, how can the tenant of the unit protect the right of way which it enjoys over the service yard as part of a lease renewal of the unit? What action could the tenant take if the right of way over the service yard is blocked? LTA 1954 An order for the grant of a new tenancy pursuant to the Landlord and Tenant Act 1954 will be an order for the grant of a new tenancy of the ‘holding’. Where the current tenancy includes rights enjoyed by the tenant in connection with the holding, those rights must be included in a renewal tenancy, except as otherwise agreed between the landlord and tenant or in default of such agreement, determined by the court. See Practice Note: LTA 1954—terms of the renewal lease. In the current situation, the freehold of the unit and the service yard have been severed and are...

How should a complaint against an abatement notice under section 51 of the Magistrates’ Court Act 1980 (MCA 1980) be made and what is the impact of non-payment of the court fee payable? What are the permitted methods laying a complaint under MCA 1980, s 51 to a magistrates' court?

How should a complaint against an abatement notice under section 51 of the Magistrates’ Court Act 1980 (MCA 1980) be made and what is the impact of non-payment of the court fee payable? What are the permitted methods laying a complaint under MCA 1980, s 51 to a magistrates' court? Laying a complaint in the magistrates’ court Certain proceedings before a magistrates’ court must be begun by the laying of a complaint under section 51 of the Magistrates’ Courts Act 1980 (MCA 1980). An appeal against an abatement notice is one such example. The procedure for laying a complaint comes under the magistrates’ courts civil jurisdiction as opposed to its criminal jurisdiction. The distinction between an information and a complaint is that an information is laid where the person charged has committed, or is alleged to have committed, an offence for which they may be punished, while a complaint is made where the person in regard to whom it is made is liable, or alleged to...

See the 48 Q&As about Abatement

DESNZ publishes CCA scheme consultation response

Environment analysis: The Department for Energy Security and Net Zero (DESNZ) has published the government response to its 2023 consultation on its proposals for a new six-year climate change agreements (CCA) scheme, to follow the existing scheme from 2025. Paul Collins, senior associate at Ashfords, provides comment on the development.

Construction weekly highlights—31 October 2024

This week's edition of Construction weekly highlights includes a summary of the key implications of the Autumn Budget 2024 for the construction industry, an announcement by the Joint Contracts Tribunal (JCT) of the release date for the 2024 edition of the JCT Measured Term Contract, a case in which the Judicial Committee of the Privy Council dismissed an employer’s defences to non-payment based on abatement, fraud and assignment (Estate Management v Junior Sammy Contractors), a case in which the Technology and Construction Court (TCC) rejected an argument that an adjudicator had wrongly predetermined the merits of the dispute (Essential Living v Conneely Facades), a statement from the Construction Leadership Council (CLC) encouraging the use of industry-approved standard form contracts, and a call from the Construction Industry Training Board (CITB) to accelerate the number of apprenticeship starts by applying for CITB apprenticeship grants.

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