Can a Liferent property be sold?
In Liferent ownership the title deed specifies a “Liferenter” who owns a “liferent”, i.e. a right to use the property during their life. Legally it is possible for the Fiar to sell or transfer the fee of the property to someone else, whilst the Liferenter is alive.
What does it mean when a court case is deserted?
To desert a case simpliciter is to bring a prosecution for a crime or offence on indictment or summary complaint to an end without the facts being determined and means that the case is at an end.
What does in hoc statu mean?
In hoc statu. For the time being, at this stage.
How does a liferent trust work?
A Liferent trust is often included within a Will to ensure that a particular asset from a person’s estate passes to someone, but only after another person has died and has had use of that asset during their lifetime. This may be important to ensure that the terms of the trust are observed.
What type of property is a liferent?
A liferent trust (or trust liferent) is a trust which, when settled, confers a use and income benefit, or both, in the trust property upon a beneficiary or beneficiaries. The beneficiary enjoying the use or fruits of the trust property is known as the liferenter.
What is a proof before answer?
A proof is a hearing of the evidence in a case. A proof is appropriate where there is a factual dispute between the parties. A “proof before answer” is a hearing on both factual and legal issues. A proof before answer is appropriate where the court needs to hear the evidence before addressing the legal issue.
What does APP roll mean court?
The summary application procedure is used for a number of different types of action; for example applications for mortgage repossessions, applications relating to adults with incapacity, or antisocial behaviour.
What does in rem Suam mean?
It has been held, in a number of cases, that an authority is irrevocable, in the strict sense, where the agent is appointed procurator in rem suam: that is, where the agent is authorised to do an act for the agent’s own benefit, and not for the principal’s; or, as it is generally styled, the authority is “coupled with …
What does esto mean in law?
It is usually described in legal shorthand as an “esto” approach. “Esto” can be translated as “if” but the expression “an esto case” is well understood to mean something on the lines of: “If I am wrong on my first point then I would argue as an alternative”.
Is a liferent a trust?
What is a proper liferent?
A proper liferent is an encumbrance on property and falls to be noted in the burdens section of a title sheet for a plot of land.
What does disposition mean for criminal records in Florida?
Florida Criminal Records Disposition Explanations 1. Acquittal, Not Guilty – The defendant has been found not guilty of the offense tried for. 2. Adjudication Withheld – Court decision at any point after filing of a criminal complaint, to continue court jurisdiction but stop short of pronouncing judgment. This is to avoid the
What are the terms of court and disposition?
Court and Disposition Definitions and Terms to Know Acquitted – Non-conviction : The charges against the defendant are dropped. Adjudicated Guilty – Conviction : The defendant has been found guilty of the charges. Adjudication Withheld – Non-conviction : The court does not give a final judgment regarding the case.
How does the court report the disposition code?
The court reports the basic adjudication/disposition information for each count shown on the court disposition report as a Court Disposition code. The disposition code does not provide any information about the type, length, or conditions of the sentence imposed.
How does termination of liferents work in Scotland?
The Registers of Scotland guidance on termination of liferents draws an important distinction between proper liferents and improper (or beneficial) liferents. In proper liferents, the liferenter is vested directly with an interest in the land and said interest is registered against the property.