make up title to

English translation: establish ownership of... (by registration)

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:make up title to
Selected answer:establish ownership of... (by registration)
Entered by: Charles Davis

19:49 Dec 29, 2013
English language (monolingual) [PRO]
Law/Patents - Law (general)
English term or phrase: make up title to
I'm translating the following sentence from a CN2 form:

,,Therefore the Sheriff, in Her Majesty's Name and Authority, Ratifies, Approves, and Confirms the Nomination and Appointment of the said Executors, and Gives and Commits to the said Executors full power as appropriate to take possession of, make up title to, uplift, receive, administer, and dispose of the said personal Estate and Effects, grant discharges thereof, if needful to pursue therefor, and generally every other thing concerning the same to do that to the office of an Executor-Nominate is known to belong: Providing always that the said Executors shall render just count and reckoning for intromissions there with, when and where the same shall he legally required. ''

Could anyone please paraphrase the verb ''make up'' in this context? Does it perhaps mean ''create'' or ''improve/remove deficiencies''?
Thank you
Grzegorz Mysiński
Poland
Local time: 04:07
establish ownership of... (by registration)
Explanation:
This seems to be another specifically Scottish legal expression. The sense indicated can be reasonably deduced from various examples to be found in Scottish documents, but I think the following, from a Scottish Law Commission document on Trusts, makes it clearest:

"It will be weeks or even months later before the executor/trustee obtains confirmation whereby the ownership of the property in the estate can be conveyed to him.9
[Note 9:] Even then where the estate consists of heritable property, ownership does not pass to the executor when confirmation is granted but when he makes up title by registration. In practice, few executors make up title to heritable property."
http://www.scotlawcom.gov.uk/download_file/view/128/
Selected response from:

Charles Davis
Spain
Local time: 04:07
Grading comment
Thank you Charles!
4 KudoZ points were awarded for this answer



SUMMARY OF ALL EXPLANATIONS PROVIDED
4 +3establish ownership of... (by registration)
Charles Davis


  

Answers


1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
establish ownership of... (by registration)


Explanation:
This seems to be another specifically Scottish legal expression. The sense indicated can be reasonably deduced from various examples to be found in Scottish documents, but I think the following, from a Scottish Law Commission document on Trusts, makes it clearest:

"It will be weeks or even months later before the executor/trustee obtains confirmation whereby the ownership of the property in the estate can be conveyed to him.9
[Note 9:] Even then where the estate consists of heritable property, ownership does not pass to the executor when confirmation is granted but when he makes up title by registration. In practice, few executors make up title to heritable property."
http://www.scotlawcom.gov.uk/download_file/view/128/


Charles Davis
Spain
Local time: 04:07
Native speaker of: English
PRO pts in category: 136
Grading comment
Thank you Charles!

Peer comments on this answer (and responses from the answerer)
agree  Tina Vonhof: Ownership or title, either would work.
6 hrs
  -> Yes, indeed. Thanks, Tina, and Happy New Year :)

agree  Thayenga: With Tina. Have a great rest of the year, Charles. :)
16 hrs
  -> Thank you so much, Thayenga. The same to you :)

agree  Teresa Reinhardt
1 day 4 hrs
  -> Thanks, Teresa, and Happy New Year :)
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