Execution of documents: FAQs
Walker Morris is regularly asked about the formalities of executing documents. The following are 10 of the most frequently asked questions.
Firstly, which documents must be executed as a deed? A deed must be used in the following: transfers of real estate; leases of real estate (subject to some exceptions, e.g. leases for a term of less than three years); mortgages and charges; sales of mortgaged/charged property; appointments of trustees; powers of attorney; releases and variations; and gifts of tangible goods not accompanied by delivery.
A party may also insist on using a deed where there is no legal obligation to do so but where it is unclear whether there is valuable consideration, or where the party wishes to obtain the benefit of the longer limitation period that applies to deeds (12 years as opposed to six years for simple contracts)…
If you are registered and logged in to the site, click on the link below to read the rest of the Walker Morris briefing. If not, please register or sign in with your details below.
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
The Court of Appeal has handed down its decision in Santander UK plc v RA Legal Solicitors.
The well-known US TV series Glee has been on the wrong end of a High Court trademark infringement action.
Analysis from The Lawyer
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.
New EU rules and lawyers’ increased comfort with digital formats are sparking a sea-change in the way law firms manage their documents