Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts
Key definition
Appointment definition

What does Appointment mean? In legal practice, an appointment is the contract by which a client/employer engages a professional consultant (for example an architect, engineer, quantity surveyor or project manager) and sets the services, fee basis and allocation of risk. The term is descriptive and used across multiple contexts; it is not generally defined by legislation, though particular regulations refer to specific appointments (for example, construction safety roles). An appointment may be executed as a deed or as a simple contract, including by a letter of appointment. In England & Wales, Northern Ireland and Ireland this distinction affects limitation (typically around 12 years...

Read More Right Arrow

Republication of Wills by Re-execution or Codicil: Effects, Legacies, Intermediate Wills and Limitations

Practice notes
imgtext

Nature of republication

Publication once meant the testator told the witnesses the Will was theirs at the time of signing. That step is no longer required in modern practice. Section 13 of the Wills Act 1837 states that any Will executed in the prescribed manner is valid without further publication. No separate act of publication is required. Revival and republication have distinct roles and are not interchangeable concepts. Revival reinstates a revoked Will or codicil in law. If a testator has cancelled their Will and wishes to bring it back into effect, they may write it out again and execute it in line with WA 1837, s 9 (see WA 1837, s 22), as the statute provides. By contrast, republication merely affirms an unrevoked testamentary document. The term itself has drawn criticism; Lord Porte in Berkeley described it as ‘an expression now meaningless, but still unhappily in use’.

Republication methods

Republication may occur in two ways: express or constructive republication.

Express republication

Express republication happens where the testator re-executes their Will, observing the necessary attestation formalities for the explicit purpose of republishing it.

Constructive republication

Constructive republication arises when a testator makes a codicil to their Will or some testamentary...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.
Web page updated on 21/05/2026

Popular documents

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Read More Right Arrow

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Read More Right Arrow

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Read More Right Arrow

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...

Read More Right Arrow