Download or read book Relationship Property on Death written by Jacinta Ruru and published by . This book was released on 2004 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Property (Relationships) Act 1976 radically reformed the property rights of married and de facto couples whose relationships end on the death of one of the parties. The new rules were frequently portrayed as a mere extension of the provisions applicable on separation. However, RELATIONSHIP PROPERTY ON DEATH explains how differently the Act operates on death. RELATIONSHIP PROPERTY ON DEATH provides a coherent theory of the distinction between relationship property rules and succession rules as the basis for analysis and application of the new legislation.This book critically analyses the death provisions in detail, the options for surviving spouses and partners, the consequences of those options, and the various ways in which these consequences can be circumvented through asset and estate planning. It considers the rights of third parties, such as children of the relationship creditors, and others who may have a claim against the deceased spouse or partner. A team of seven expert authors, led by Nicola Peart, Margaret Briggs, and Mark Henaghan from the University of Otago, have put together this authoritative and highly accessible work. Lawyers, businesses, financial advisers, and academics who specialise in family and succession law will find this book essential reading for their work. Awarded the JF Northey Memorial Prize for Best New Zealand Legal Book published in 2004, this is a masterful analysis of a difficult subject.
Download or read book Relationship Property and Death written by Bill Patterson and published by . This book was released on 2019 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article considers the New Zealand High Court decision of Re Russell: Public Trust v Whyman, which was concerned with the death provisions of the Property (Relationships) Act 1976 (PRA). The author analyses the decision in detail, and concludes that it reveals a disturbing level confusion about the death provisions of the PRA and sets a dangerous precedent for the future.
Download or read book Death and Relationship Property written by Nicola Peart and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article discusses the death provisions in the New Zealand Property (Relationships) Act 1976 (PRA) and their application in the New Zealand Court of Appeal decision in Public Trust v Whyman. The author argues that the decision reveals the general uncertainty as to the overall purpose and scheme of the death provisions, which suggests the provisions are poorly drafted and in need of amendment. The article concludes that, whatever the outcome of Whyman, legal problems will remain unless there is clarification of the law.
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 408 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 Research Handbook on Family Property and the Law written by Margaret Briggs and published by Edward Elgar Publishing. This book was released on 2024-06-05 with total page 533 pages. Available in PDF, EPUB and Kindle. Book excerpt: This pivotal Research Handbook analyses the interconnectedness of family property and the law through historical, contemporary, comparative and jurisdiction-specific lenses. Authors analyse some of the most well-known, contested and politicised legal developments in the field of family property law.
Download or read book Louisiana Successions written by Joseph A. Prokop (Jr.) and published by . This book was released on 2007-01-01 with total page 914 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Relationship Property Issues for the Elderly written by Margaret Briggs and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This chapter explains when and how the Property (Relationships) Act 1976 (PRA) applies to couples when their marriage, civil union or de facto relationship ends in separation or death. The author outlines the key features of the PRA highlighting, where relevant, matters of importance to the elderly.
Download or read book Marital Agreements and Private Autonomy in Comparative Perspective written by Jens M Scherpe and published by Bloomsbury Publishing. This book was released on 2012-02-24 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with a subject that has recently been the focus of debate and law reform in many jurisdictions: how much scope should spouses have to conclude agreements concerning their financial affairs - and under what circumstances should such agreements be binding and enforceable? These marital agreements include pre-nuptial, post-nuptial and separation agreements. The book is the result of a British Academy-funded research project which investigated and compared the relevant law of England and Wales, Australia, Austria, Belgium, France, Germany, Ireland, the Netherlands, New Zealand, Scotland, Singapore, Spain, Sweden and the jurisdictions of the United States. In addition to chapters on these jurisdictions, the book includes a chapter on the 'English practitioner's view'. It also provides a comparative analysis of the different matrimonial property regimes and the rules on marital agreements that explores underlying themes and principlesand makes recommendations for regulating marital agreements. A key theme is the function and effect of marital agreements in the different jurisdictions. Thus, each chapter first explains the underlying 'default' rules for ancillary relief/matrimonial property and maintenance. It then analyses the current rules for marital agreements, and gives a brief account of the private international law rules. The book provides a comprehensive source of reference on ancillary relief/matrimonial property and maintenance and the rules on pre-nuptial, post-nuptial and separation agreements in 14 jurisdictions. It offers guidance for academics and practitioners dealing with international matters, and a basis for discussions on law reform. 'I applaud the vision and perseverance of Jens Scherpe in having conceived this book and, with so much distinguished help, in now bringing it to birth. I will be using it for many years and I warmly invite my fellow family lawyers across the world to do likewise.' Foreword by The Rt Hon Lord Wilson of Culworth, Justice of the Supreme Court of the United Kingdom This title is included in Bloomsbury Professional's Family Law online service.
Download or read book International Succession written by Louis Garb and published by Oxford University Press, USA. This book was released on 2010 with total page 841 pages. Available in PDF, EPUB and Kindle. Book excerpt: Increasing numbers of people have connections with one country, but live and work in another, frequently owning property or investments in several countries. As such, international aspects arise in an increasing number of estates. Different countries may have separate arrangements for ownership, taxation, and succession. International Succession equips practitioners with the information necessary to navigate problems involving these different systems. Although lawyers would often advise only on the law of the jurisdictions in which they are based, seeking advice from lawyers in other countries, this book will save the practitioner the time - and expense - of ascertaining the basics concerning the inheritance systems in different countries, offering clear and easy to use information on the laws of inheritance and succession. Each country's report is based on responses to a comprehensive questionnaire that considers the practical issues arising from the jurisdiction's individual laws, making it easy for users to make specific comparisons between the laws of one country and another. The book covers over fifty countries with entries written by experts from each country, making it an invaluable resource for the busy practitioner. This title is an improved and expanded version of International Succession, edited by Louis Garb and published by Kluwer Law International, 2004. This edition, published in hardback form, will also be supplemented annually in between editions to update the individual country entries.
Download or read book Deeds for California Real Estate written by Mary Randolph and published by NOLO. This book was released on 2010 with total page 121 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transfer California property to someone else with the easy-to-use legal forms and information in this guide Deeds for California Real Estate shows you how to choose the right kind of deed, create it, then file it with the county recorder. This plain-English book has all the forms you'll need, with step-by-step instructions for completing them quickly and accurately. Learn how to: add or remove someone's name from the title of real estate you own transfer real estate into, or out of, a revocable living trust borrow or lend money with real estate as security and more
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 Family Finances on Death of a Spouse Or Partner written by Nicola Peart and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: On death there is an inevitable tension in succession law between property and family, between testamentary freedom and the deceased's duty to provide for family members. This paper considers the relationship property rights of a surviving spouse (or partner) in common law jurisdictions. The author compares English and Australian law with New Zealand and concludes that surviving spouses are still in a state of dependency and are vulnerable to the claims and interests of others, particularly in Australia and New Zealand. To reduce their dependency, this paper recommends that spouses should be given their relationship property entitlement on death to acknowledge their respective contributions to the creation of their combined wealth and that this entitlement should not be affected by succession law.
Download or read book Untying the Knot written by Vivienne Crawshaw and published by Penguin Random House New Zealand Limited. This book was released on 2012-12-01 with total page 163 pages. Available in PDF, EPUB and Kindle. Book excerpt: Helpful legal advice about separation and divorce issues; it'll save you thousands in legal fees. This invaluable book offers detailed advice and tips on topics such as property, custody and domestic violence - all the important legal things you need to when you and your partner separate. Writing in a easily accessible way, experienced lawyer Vivienne Crawshaw presents her material in the form of easy-to-read case studies with accompanying boxes summarising important legal points. Ideal for newly separated parents and those thinking about separation, it's also helpful for those in new relationships - showing you how to set things up so they don't become really bad in the future.
Download or read book Comparative Succession Law written by Kenneth G C Reid and published by Oxford University Press. This book was released on 2020-10-09 with total page 832 pages. Available in PDF, EPUB and Kindle. Book excerpt: This third volume in a series on Comparative Succession Law concerns the entitlement of family members to override the provisions of a deceased person's will to obtain money or assets (or more money or assets) from the person's estate. Some countries, notably those in the civil law tradition (such as France or Germany), confer a pre-ordained share of the deceased's estate or of its value on certain members of the deceased's family, and especially on the deceased's children and spouse. Other countries, notably those in the common law tradition (such as England, Canada, or Australia), leave the matter to the discretion of the court, the amount awarded depending primarily on financial need. Whichever form it takes, mandatory family provision is both a protection against disinheritance and also, therefore, a restriction on testamentary freedom. The volume focuses on Europe and on countries influenced by the European experience. In addition to detailed treatment of the law in Austria, England and Wales, France, Germany, Hungary, Italy, the Netherlands, Norway, Poland, Scotland, and Spain, the book also has chapters on Australia and New Zealand, South Africa, the United States, Canada, the countries of Latin America, and the People's Republic of China. Some other countries are covered more briefly, and there is a separate chapter on Islamic law. The book opens with accounts of Roman law and of the law in medieval and early-modern Europe, and it concludes with a comparative assessment of the law as it is today in the countries and legal traditions surveyed in this volume.
Download or read book Capital Gains Taxation written by Michael Littlewood and published by Edward Elgar Publishing. This book was released on 2017-08-25 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Capital gains taxes pose a host of technical and political design problems and yet, while the literature on the theory of capital gains taxation is substantial, little has been published on how governments have addressed these dilemmas. Written by a team of distinguished international experts, Capital Gains Taxation addresses the gap in the literature; it explains how a number of countries tax capital gains and the successes and pitfalls of these methods.
Download or read book New Zealand Income Tax Act 2007 2013 edition written by CCH New Zealand Ltd and published by CCH New Zealand Limited. This book was released on 2013-07-01 with total page 3149 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Income Tax Act 2007 is consolidated to 1 January 2013 and includes a comprehensive summary of amendments, detailed history notes and indexes.
Download or read book 8 Ways to Avoid Probate written by Mary Randolph and published by Nolo. This book was released on 2024-04-15 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Want to save your family money and hassle? Read this book! Probate court proceedings after a death can drag out and cost tens of thousands of dollars in attorney and court fees—money that would otherwise have gone directly to your loved ones. This topselling guide shows you the most effective ways to skip the probate process: • name payable-on-death beneficiaries for financial accounts • own property jointly • leave real estate with transfer-on-death deeds • use a living trust • name the right beneficiaries for IRAs, 401(k)s, and other retirement plans, and • use probate shortcuts for small estates. Completely updated, this edition includes the latest state laws on probate avoidance methods, and covers all the estate-related impacts of the recent changes to federal rules on retirement distributions.
