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TENANCY IN COMMON: a tenancy in common is one of the ways (along with a joint tenancy) in which two or more people can own an interest in the same land. In a tenancy in common each of the owners has a specifically defined share in the proceeds of sale of the land (although not physically in the land itself) and each may do as they please with that share. Thus, a tenant in common can leave their share by will to their beneficiaries or can sell their share to a third person.

TESTAMENTARY TRUST: a trust that comes into existence at the death of the person creating the Will.

TESTATOR / TESTATRIX: a testator is a man who makes a will, a testatrix is a woman.

TITLE: a person has title to something if they are the legal owner. Thus to be the owner of a freehold in land is to have title to that land.

TORT: other sections in this glossary have referred to the concept of a tort or civil wrong. Many different types of wrongs are classified as torts including trespass, nuisance, negligence, and defamation. The law of tort is part of what is generally known as the common law, in other words the basic principles go back to a time before the current modern legal system took over, although most torts have been subsequently redefined or clarified either by statute or by the courts in cases.

TRADE MARK: a trade mark is another of those rights, along with a patent and a copyright, which form that branch of the law known as intellectual property. If someone carries on business using a particular device, mark, name, logo, or design then they do so with the benefit of a trade mark. Some trademarks are capable of registration, although there are strict rules as to what can and cannot be registered. An attempt by someone to trade under the trade mark of another amounts to a passing off and is actionable in the courts.

TRESPASS: trespass is yet another of those civil wrongs known as torts. Put at its simplest, a trespass is the act of interfering with the rights of another person, either in relation to lands, goods, or even the person themselves.

TRUSTS: a whole web site could be filled with an exposition concerning the law of trusts. The concept of a trust is at the heart of many areas of law, including investments, charities, pensions, gifts to minors by will, and is simply the holding of assets by one person (the trustee) for the benefit of another (the beneficiary). Would that it were that simple! The law sets out strict rules as to what the trustee must and must not do in performing his or her duties, and also what liabilities they are subject to in terms of accountability, profiting from the trust, and duties generally.

TRUSTEE: the person or institution responsible for managing a trust according to its terms.

 

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Steven J. Williams, P.C.
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