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United Kingdom

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Per capita meaning

What does Per capita mean?
Per capita describes an equal division of a gift among all individual beneficiaries within a defined class who are alive at the distribution date (for example, “to my grandchildren, per capita”). Each living member takes one equal share; a predeceasing member’s share does not pass to their issue unless the instrument provides for substitution or a statutory anti‑lapse rule applies. This contrasts with per stirpes (by branch), where descendants take through their parent’s line. The expression is a descriptive Latin term used in wills, trusts and succession practice, and in case law, rather than one generally defined by statute. It is common in class gifts, residue clauses and trust distributions, and is central to construing gifts to “issue” or “descendants”. Usage and effect are broadly consistent across England and Wales, Scotland, Northern Ireland and Ireland. Under intestacy in each jurisdiction, relatives in the same degree usually share per capita, while representation produces per stirpes outcomes down the bloodline. Precise drafting is essential to avoid ambiguity (including distinguishing simple per capita from formulations such as “per capita at each generation”).
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NEWS
UK corporate crime weekly: sanctions review, FCA enforcement guide, sentencing reform, environmental enforcement, single use vape ban, SFO Rockfire probe, NDA reforms—Victims and Prisoners Act — 5 June 2025

In this issue: Investigating criminal conduct Sentencing Bribery, corruption, sanctions and export controls Environmental offences Financial services and pensions offences Fraud, forgery, tax and theft offences Health and safety and corporate manslaughter offences Other corporate crime news LexTalk®Corporate Crime: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Investigating criminal conduct Whistleblower rewards could soon take shape in the UK. The Serious Fraud Office (SFO) will argue in favour of incentives for whistleblowers as part of a government-led fraud review. See News Analysis: Whistleblower rewards may soon materialise in UK. Sentencing Government to roll out far-reaching prison and sentencing reforms. England and Wales record the highest per capita prison population in Western Europe, with overcrowding worsening sharply in recent years. Although capacity was effectively exhausted some time ago, politicians have, with growing urgency, warned the public that the...

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PRACTICE NOTES
Montreal Protocol amendments on ozone-depleting substances and HFCs: schedules, compliance, licensing and trade controls, with EU and UK implementation (including post-Brexit assimilated law)

The Montreal Protocol seeks to cut the production and use of ozone‑depleting substances (ODSs) to protect the ozone layer. The original Protocol was agreed on 16 September 1987 and came into force on 1 January 1989. See Practice Note: Montreal Protocol 1987 (substances that deplete the ozone layer)—snapshot. It has since been revised a number of times, with five principal amendments: London Amendment 1990 Copenhagen Amendment 1992 Montreal Amendment 1997 Beijing Amendment 1999 Kigali Amendment 2016 Article 5 countries An Article 5 country is a developing nation whose consumption of the Annex A controlled substances is below 0.3 kilograms per capita up until 1999. Summary of the current control measures A summary of the current control measures, taking account of all the Amendments, is available on the United Nations Environment Programme (UNEP) Ozone website. Decisions of the meeting of the parties A list of the decisions of the meeting of the parties can be found...

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PRACTICE NOTES
Bermuda cross-border banking and finance: lending, security creation and perfection, guarantees, enforcement, intercreditor priorities, and recognition of English law and judgments (February 2025)

Loan market and developments Moody’s retains a ‘stable’ outlook for Bermuda’s banking sector, reflecting contingent liability risk linked to the island’s sizeable banking system. The agency notes that Bermuda’s very strong institutional framework, very high per capita income and robust external position are fundamental credit strengths that enhance the jurisdiction’s resilience to prospective shocks. The Bermuda Monetary Authority confirms that, as at September 2024, banks’ capital adequacy sits comfortably above Basel III minima, with the sector reporting: a risk asset ratio of 25.6%; a common equity tier 1 capital ratio of 24.2%; a leverage ratio of 7.7%. Looking ahead, no significant changes are anticipated to Bermuda’s banking or contract laws. Basel III regulatory standards have now been fully phased in, including the Liquidity Coverage Ratio, the Capital Conservation Buffer and the Net-Stable Funding Ratio requirements...

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PRACTICE NOTES
England and Wales will-drafting and IHT planning: executors, FLIT/discretionary trusts, BPR/NRB/RNRB, Brussels IV, chattels, guardians, survivorship, foreign elements and trustee powers

Commencement and revocation This revocation clause may include optional phrasing restricting revocation solely to Wills concerning UK property. That accords with later provisions which can, if preferred, confine this Will’s scope to UK property only. This ensures consistency across the instrument where the intention is to confine effect to UK assets while leaving arrangements concerning overseas holdings untouched. Using this optional language means any testamentary dispositions relating to assets abroad remain effective. The wording is marked as optional and might be unsuitable where the Will is drafted for a testator with no foreign property and no prospect of acquiring any, or for one who owns property overseas and intends to revoke any testamentary dispositions concerning such property (note that local legal requirements for a valid revocation must be reviewed and verified). Accordingly, foreign dispositions previously made would continue without alteration and remain fully operative. Variation 1—expectation of intended marriage or civil partnership: As a general principle, a Will is revoked by the testator’s subsequent marriage. Nevertheless, a...

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