Personal Estate in UK Law

In this Topic
Leading Cases
  • Elitestone Ltd v Morris and Another
    • House of Lords
    • 01 Mayo 1997

    In the case of the house the answer is as much a matter of common sense as precise analysis. A house which is constructed in such a way so as to be removable, whether as a unit, or in sections, may well remain a chattel, even though it is connected temporarily to mains services such as water and electricity. But a house which is constructed in such a way that it cannot be removed at all, save by destruction, cannot have been intended to remain as a chattel.

    But these matters have not been explored in the facts and we are required to proceed on the basis that the bungalow is not physically attached to the land. The next consideration is whether the foundations form part of the bungalow. But it does not appear that there is any particular adaptation of the foundations to the structure above nor any adaptation of the structure to suit the foundations. It is with the wooden structure alone that the case is concerned.

    It is important to observe that intention in this context is to be assessed objectively and not subjectively. Indeed it may be that the use of the word intention is misleading. It is the purpose which the object is serving which has to be regarded, not the purpose of the person who put it there. The question is whether the object is designed for the use or enjoyment of the land or for the more complete or convenient use or enjoyment of the thing itself.

    If it was designed and constructed in a way that would enable it to be taken down and rebuilt elsewhere, that might well point to the possibility that it still retained its character of a chattel. That the integrity of this chalet depends upon it remaining where it is provides that element of permanence which points to its having acceded to the ground.

  • Chelsea Yacht and Boat Club Ltd v Pope
    • Court of Appeal (Civil Division)
    • 06 Abril 2000

    Turning firstly to the degree of annexure it is important to bear in mind that what is required is sufficient attachment to the land so that the chattel becomes part of the land itself. Here the houseboat rested periodically on the river bed below it and was secured by ropes and perhaps to an extent the services to other structures.

  • Your Response Ltd v Datateam Business Media Ltd
    • Court of Appeal (Civil Division)
    • 14 Marzo 2014

    Although information may give rise to intellectual property rights, such as database right and copyright, the law has been reluctant to treat information itself as property. When information is created and recorded there are sharp distinctions between the information itself, the physical medium on which the information is recorded and the rights to which the information gives rise. Whilst the physical medium and the rights are treated as property, the information itself has never been.

  • Trendtex Trading Corporation v Credit Suisse
    • Court of Appeal (Civil Division)
    • 02 Mayo 1980

    There is, I think, a clear requirement of public policy that officers of the court should be inhibited from putting themselves in a position where their own interests may conflict with their duties to the court by the agreement, for instance, of so-called "contingency fees"; and there may well be valid reasons why personal rights of action for tortious damage should not, in general, be the subject matter of assignment or partition.

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Legislation
  • Wills Act 1837
    • UK Non-devolved
    • 1 de Enero de 1837
    ... ... , and to any other Testamentary Disposition; and the Words ‘Real Estate’ shall extend to Manors, Advowsons,  Messuages , Lands, Tithes, Rents, ... , or of any other Tenure, and whether corporeal, incorporeal, or personal, and to any undivided Share thereof, and to any Estate, Right, or Interest ... ...
  • Court of Probate Act 1857
    • UK Non-devolved
    • 1 de Enero de 1857
    ... ... , and in relation ... to the Personal Estate in all Parts of England ... of deceased Persons, as the ... ...
  • Charitable Uses Act 1735
    • UK Non-devolved
    • 1 de Enero de 1735
    ... ... , Stocks in the publick Funds, Securities for Money, or any other Personal Estatewhatsoever, to be laid out or disposed of in the Purchase of any ... or Persons, Bodies Politick or Corporate, or otherwise, for any Estate or Interestwhatsoever, or any ways charged or incumbered by any Person or ... ...
  • Administration of Estates Act 1925
    • UK Non-devolved
    • 1 de Enero de 1925
    ... ... as follows:— ... Devolution of Real Estate. Part I ... Devolution of Real Estate ... Devolution of real estate on personal representative. 1 Devolution of real estate on personal representative ... ...
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Books & Journal Articles
  • The changing nature of real estate research
    • No. 40-3, March 2022
    • Journal of Property Investment & Finance
    • 278-283
    Purpose: With the Journal of Property Investment and Finance (JPIF) being 40 years old, this paper reflects on the changes in real estate research over the last 40 years, the drivers behind these c...
  • The changing nature of real estate research
    • No. 40-3, March 2022
    • Journal of Property Investment & Finance
    • 0000
    Purpose: With the Journal of Property Investment and Finance (JPIF) being 40 years old, this paper reflects on the changes in real estate research over the last 40 years, the drivers behind these c...
  • The need for more research on the Asian real estate markets
    • No. 39-1, September 2020
    • Journal of Property Investment & Finance
    • 3-8
    Purpose: The Asian real estate markets have grown considerably in recent years and have taken on increased investment importance, particularly with significant developments in the emerging markets ...
    ... ... /methodology/approach –This research is based on a thorough understanding of the Asian realestate markets, based on my own research agenda, personal interactions, insights and extensive discussionswith real estate leaders in the Asian markets. This is supported by a clear understanding of the real ... ...
  • Wills Act 1837
    • Statutory material
    • Appendices
    • Nasreen Pearce
    • 235-251
    ... ... 1 MEANING OF CERTAIN WORDS IN THIS ACT: “WILL”: “REAL ESTATE”: “PERSONAL ESTATE”: NUMBER: GENDER ... … the words and ... ...
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Law Firm Commentaries
  • Personal Security - Real Estate
    • Mondaq United Kingdom
  • Resealing Foreign Grants: A Step-by-Step Primer
    • JD Supra United Kingdom
    The process of resealing a grant of probate or letters of administration in the English courts is often required where a deceased individual held assets in England or Wales but was living in a diff...
    ... ... , an English and Welsh grant cannot be used to administer the estate of someone who lived in the United Kingdom but had assets in the Channel ... The personal representatives can then proceed to administer the estate in the United ... ...
  • The Year in Estate Planning — 2020 Popular Reads on JD Supra
    • JD Supra United Kingdom
    A year-end recap of well-read estate planning publications on JD Supra during 2020.
    ... ... 2020 California Estate and Tax Planning Newsletter - by William Finestone at Blank Rome ... Ric Ocasek’s Personal Representative Is In For a Bumpy Ride - by Peter Smyth at Holland & Hart ... To File or Not to File? A Gift Tax Return Doesn’t Always Have to be ... ...
  • Estate Administration ' Reporting Requirements To HMRC
    • Mondaq UK
    ...A detailed guide on what personal representatives need ... to be aware of regarding a deceased person's ... A personal representative is responsible for managing a deceased ... ...
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Forms
  • Writ of sequestration (rule 81.20(1) and rule 81.27)
    • HM Courts & Tribunals Service court and tribunal forms
    King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
    ... ... (1) to enter upon and take possession of all the real and personal estate of the defendant (name), ... (2) to collect, receive and take ... ...
  • Form No.57
    • HM Courts & Tribunals Service court and tribunal forms
    King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
    ... ... No. 57 ... Writ of Control against personal representatives ...          IN THE HIGH COURT OF JUSTICE ... out in the Schedule below to be raised from the real and personal estate of (name) at the time of his death in the hands of the /claimant defendant ... ...
  • Judgment against personal representative (PD40B para 14.3)
    • HM Courts & Tribunals Service court and tribunal forms
    King's Bench forms for use in cases such as personal injury, negligence and breach of contract.
    ... ... of £         ] [to be the subject of a detailed assessment if not agreed] such sum and costs to be levied of the real and personal estate within the meaning of the Administration of Estates Act 1925 of the deceased at the time of his death in the hands of the defendant as [executor] ... ...
  • Order removing personal representative/appointing substitute
    • HM Courts & Tribunals Service court and tribunal forms
    Chancery forms, including claim forms and applications for orders.
    ... ... Master [name] ... [Day, month, year] ... In the estate of [name, deceased] ... B E T W E E N: ... ABCDEFG ... Claimant ... HIJKLMNOP ... Defendant ... ... ...
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