Download or read book Intestacy and family provision claims on death written by Great Britain: Law Commission and published by The Stationery Office. This book was released on 2011-12-14 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report makes recommendations for reform of the law and presents two draft Bills to implement the necessary changes. Firstly, The draft Inheritance and Trustees' Powers Bill includes reforms that would: ensure that where a couple are married or in a civil partnership, assets pass on intestacy to the surviving spouse in all cases where there are no children or other descendants; simplify the sharing of assets on intestacy where the deceased was survived by a spouse and children or other descendants; protect children who suffer the death of a parent from the risk of losing an inheritance from that parent in the event that they are adopted after the death; amend the legal rules which currently disadvantage unmarried fathers when a child dies intestate; remove arbitrary obstacles to family provision claims by dependants of the deceased and anyone treated by the deceased as a child of his or her family outside the context of a marriage or civil partnership; permit a claim for family provision in certain circumstances where the deceased died "domiciled" outside of England and Wales but left property and family members or dependants here; and reform trustees' statutory powers to use income and capital for the benefit of trust beneficiaries (subject to any express provisions in the trust instrument). Secondly, The draft Inheritance (Cohabitants) Bill contains further provisions that would give certain unmarried partners who have lived together for five years the right to inherit on each other's death under the intestacy rules. Where the couple have a child together, this entitlement would accrue after two years' cohabitation, provided the child was living with the couple when the deceased died.
Download or read book Australian Family Provision Law written by Leonie Englefield and published by Lawbook Company. This book was released on 2011-01-01 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Australian Family Provision Law is a current and fresh analysis of family provision law around Australia. It deals with one of the most highly litigated areas of succession law, one which continues to be characterised by state differences, despite the movement towards uniformity.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Foucault and Family Relations written by Malcolm Voyce and published by Rowman & Littlefield. This book was released on 2019-05-14 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foucault and Family Relations analyzes notions of property in rural Australia during the colonial period and how these conceptions maintained family stability. Using Foucault’s ideas on family, sexuality, race, space, and economics, Voyce outlines how inheritance and divorce law were established so that the state could rule from a distance.
Download or read book Families and Estates written by International Academy of Estate and Trust Law. Annual Conference and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses upon two themes: the definition of 'family' and the impact of the expansion of the concept of 'family' in law: and family fights over wills and estates - what recourse family members may have in challenging an estate. The first part, `The challenge of the "new family" for Law', considers the challenge both in the inter vivos and the postmortem contexts in the United States, Canada, France, the United Kingdom, Australia and New Zealand. A particular focus is upon the dramatic expansion of the definition of family from the traditional nuclear family consisting of a husband, wife and their mutual children to a definition that includes unmarried heterosexual and same sex couples living together and, in some jurisdictions to new kinds of companionate partnerships that are not based on a sexual relationship. In some jurisdictions such developments are simply an expression of sharing responsibility by allocating it in the private domain, as opposed to the public potentially through social welfare; in others, particularly in the United States, it is a defence of fundamental institutions and, with it, a defence of society itself. The second part, 'Family fights over wills and estates', examines the law in Australia, Switzerland, France, Mexico, and the United Kingdom. Its comparison of civil and common law approaches shows how the law expresses the same principle objects - protection of family and obligations towards key family members - but does so from entirely different perspectives; and where the common law which enshrined the notion of testamentary freedom is being qualified through the expanding domain of family provision legislation, the civil law which is based on codified shares and allocated responsibilities expressed through proportionate entitlements in estates, is being qualified through a range of disqualifying and varying mechanisms.
Download or read book Elements of Child Law in the Commonwealth Caribbean written by Zanifa McDowell and published by . This book was released on 2000 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive study of elements of child law in the Commonwealth Caribbean. It covers legitimacy, status of children legislation, parental rights, maintenance, family provision and succession to property, custody, adoption and care and protection issues.
Download or read book Informal Carers and Private Law written by Brian Sloan and published by Bloomsbury Publishing. This book was released on 2012-12-07 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every day, large numbers of altruistic individuals, in the absence of any legal duty, provide substantial and essential services for elderly and disabled people. In doing so, many such informal carers suffer financial and other disadvantages. This book considers the scope for a "private law" approach to rewarding, supporting or compensating carers, an increasingly vital topic in the context of an ageing population and the need for savings in public expenditure. Adopting a comparative approach, the book explores the recognition of the informal carer and his or her relationship with the care recipient within diverse fields of private law, from unjust enrichment to succession. Aspects of the analysis include the importance of a promise of a reward from the care recipient and the appropriate measure of any remedy. In considering the potential for expansion of a "private law" approach for carers, the book addresses the fundamental and controversial question of the price of altruism. Winner of the University of Cambridge's Yorke Prize 2014
Download or read book Succession Wills and Probate written by Caroline Sawyer and published by Routledge. This book was released on 2015-05-15 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: Succession, Wills and Probate is an ideal textbook for those taking an undergraduate course in this surprisingly vibrant subject, and also provides a clear and comprehensive introduction for professionals. Against an account of the main social and political themes of succession law, the book gives detailed explanations of core topics such as alternatives to wills and the making, altering and revocation of wills. It also explains personal representatives and how they should deal with a deceased person's estate and interpret and implement the will. Gifts may fail, estates may be insolvent or a person may die intestate, without a will at all. Increasingly relatives and others seek to challenge the will, for example on the grounds of the testator's capacity or under the law of family provision. This third edition is edited, updated and revised to take account of new legislation and case law across all the relevant issues, including a new final chapter dealing with the potentially contentious issues that are becoming more central to professional work in the field of succession.
Download or read book Passing Wealth on Death written by Alexandra Braun and published by Bloomsbury Publishing. This book was released on 2016-07-28 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wealth can be transferred on death in a number of different ways, most commonly by will. Yet a person can also use a variety of other means to benefit someone on death. Examples include donationes mortis causa, joint tenancies, trusts, life-insurance contracts and nominations in pension and retirement plans. In the US, these modes of transfer are grouped under the category of 'will-substitutes' and are generally treated as testamentary dispositions. Much has been written about the effect of the use of will-substitutes in the US, but little is generally known about developments in other jurisdictions. For the first time, this collection of contributions looks at will-substitutes from a comparative perspective. It examines mechanisms that pass wealth on death across a number of common law, civil law and mixed legal jurisdictions, and explores the rationale behind their use. It analyses them from different viewpoints, including those of owners of businesses, investors, as well as creditors, family members and dependants. The aims of the volume are to show the complexity and dynamics of wealth transfers on death across jurisdictions, to identify patterns between jurisdictions, and to report the attitudes towards the different modes of transfer in light of their utility and the potential frictions they give rise to with policies and principles underpinning current laws.
Download or read book Claiming a Promised Inheritance written by Alexandra Braun and published by Oxford University Press. This book was released on 2022-08-11 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: Claiming a Promised Inheritance examines those cases where a person is promised a future inheritance and, having acted on it, later discovers that the promise is unfulfilled. The book structures its analysis and argument around the stories of disappointed promisees and their unfulfilled expectations of a future inheritance, and how they might seek redress. It maps and compares the various, and often very diverse range of legal responses that a promisee can avail herself of across different legal areas of the law (ranging from contract law to property law, employment law, unjust and unjustified enrichment law, and succession law) and in both common and civil law traditions. Braun asks how these responses protect the interests of promisees and whether they are sensitive to the context in which such promises are expressed. In doing so, the focus rests on the level of protection the various forms of redress grant, their scope, and the challenges promisees face when brining a claim, but also on the values and interests that are at stake when granting relief. This book argues that due to the social and legal context within which promises of a future inheritance are normally made, promisees are usually in a vulnerable position that can easily by exploited. It further argues that the law is usually more acutely attuned to the risks that the promisor incurs and that greater attention should be paid to the challenges promisees face. Claiming a Promised Inheritance thus complements the traditional viewpoint by bringing into focus the (too often ignored) perspective of promisees.
Download or read book The Public General Acts and the Church Assembly Measures written by Great Britain and published by . This book was released on 1966 with total page 1196 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Intestate Succession written by Kenneth Reid and published by Oxford University Press, USA. This book was released on 2015 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the rules that apply when a person dies without leaving a valid will, 'Intestate Succession' delivers a comparative and historical review of the relevant law in Europe and beyond, including an analysis of legal development, justifications, and reform.
Download or read book Comparative Succession Law written by Kenneth Reid and published by OUP Oxford. This book was released on 2015-08-27 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intestate Succession is the second volume in the Comparative Succession Law series which examines the principles of succession law from a comparative and historical perspective. This volume discusses the rules which apply where a person dies either without leaving a valid will, or leaving a will which fails to dispose of all of the person's assets. Among the questions considered are the following: What is the nature of the rules for the disposal of the deceased's assets? Are they mechanical or is there an element of discretion? Are particular types of property dealt with in particular ways? Is there entitlement to individual assets (as opposed to money)? Do the rules operate in a parentelic system or a system of some other kind? Are spouses treated more favourably than children? What provision is made for extra-marital children, for adopted children, for step-children? Does cohabitation give rise to entitlement? How are same-sex couples treated? Broader questions also arise of a historical and comparative nature. Where, for example, do the rules in intestate succession come from in particular legal systems? Have they been influenced by the rules in other countries? How are the rules explained and how are they justified? To what extent have they changed over time? What are the long-term trends? And finally, are the rules satisfactory, and is there pressure for their reform? As in the first volume, this book will focus on Europe and on countries which have been influenced by the European experience such as Australia, New Zealand, South Africa, the United States of America, Quebec, and the countries of Latin America. Further chapters are devoted to Islamic Law and Nordic law. Opening with a discussion on Roman law and concluding with an assessment of the overall development of the law in the countries surveyed, this book will provide a wider reflection on the nature and purpose of the law of intestate succession.
Download or read book The Work Family Interface written by Sampson Lee Blair and published by Emerald Group Publishing. This book was released on 2018-10-29 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume focuses upon the complex nature of the work-family interface, and how families around the globe deal with the inherent dilemmas therein. Chapters examine how work affects families in both overt and discrete manners, as well as how family life, in turn, affects paid employment.
Download or read book International Enclopedia of Comparative Law written by and published by BRILL. This book was released on with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Cohabitation written by Great Britain: Law Commission and published by The Stationery Office. This book was released on 2006-05-31 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This consultation paper considers options for reform of the current law in relation to the property and financial rights of cohabiting couples (either opposite-sex or same-sex couples) when a relationship ends. Although the paper does discuss the situation in relation to when one of the partners dies, it focuses on whether a new scheme is needed to provide financial remedies on separation when a relationship breaks down. Amongst the provisional proposals, the Committee identifies the need for the introduction of new statutory remedies to address the separation of cohabiting couples who have children; however the situation for cohabitants without children is found to raise more difficult social policy questions and the views of consultees are sought about their eligibility within the proposed scheme. Other proposals include: that courts should be given discretion in determining financial claims on separation (rather than having fixed rules for property division) based on principles of the contributions of both parties to the joint household and to the welfare of dependent children both before and after separation; with the provision for an opt-out agreement for couples under the proposed statutory scheme. Responses to the proposals should be received by 30th September 2006 and a final report is due to be published by August 2007. An overview document summarising the key issues considered is available separately (ISBN 011730266X).
Download or read book The EU s regulation on succession written by Great Britain: Parliament: House of Lords: European Union Committee and published by The Stationery Office. This book was released on 2010-03-24 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the sixth report from the European Union Committee of the 2009-10 session and looks at the EU's Regulation on Succession (HLP 75, ISBN 9780108459757). In October 2009 the EU Commission proposed legislation which aims to simplify the law affecting those who die having exercised their right to free movement, either by moving to another Member State to live or by buying property in a Member State other than their own. The law of succession regulates how a person's property is dealt with on their death - including the mechanism for paying taxes and other creditors, establishing who is entitled to inherit the deceased's property and how that property is to be transferred to those entitled to it. Where this involves the law of more than one Member State complications arise which can have a significant impact since the people affected are likely to be emotionally vulnerable because of bereavement. The Committee states it welcomes the fact that the Commission has not proposed harmonisation of the substantive law of succession and support the Commission's underlying, and more limited, objective of prescribing which state's law ofsuccession is to apply to the whole of a deceased person's estate; but only to the extent of determining who is entitled to inherit what property. The Committee believes to go further puts at risk important interests, not least property rights, the collection of taxes and the protection of creditors. The Committee also identifies a serious defect in the EU's proposal that it could result in gifts made in the UK by deceased persons during their lifetime, including gifts to charity, being claimed back by their heirs, under a process known as clawback.
