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An up-to-date review of the law covering the rights of certain family members to receive provision from a deceased's estate. It outlines the law; explains who is eligible to apply for maintenance from an estate, and what property is covered by the law; and discusses the power of the court to order family provision. Includes tables of cases and statutes and appendices containing classified cases reported since 1970, and a discussion of conflictual aspects of the law of family provision. Indexed.
Book Synopsis Family Provision After Death by : Anthony Dickey
Download or read book Family Provision After Death written by Anthony Dickey and published by Lawbook Company. This book was released on 1992 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: An up-to-date review of the law covering the rights of certain family members to receive provision from a deceased's estate. It outlines the law; explains who is eligible to apply for maintenance from an estate, and what property is covered by the law; and discusses the power of the court to order family provision. Includes tables of cases and statutes and appendices containing classified cases reported since 1970, and a discussion of conflictual aspects of the law of family provision. Indexed.
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Book Synopsis Family Law by : Great Britain. Law Commission
Download or read book Family Law written by Great Britain. Law Commission and published by . This book was released on 1974 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Copies are supplied by TSO's on-demand publishing service
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.
Book Synopsis Intestacy and family provision claims on death by : Great Britain: Law Commission
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.
Every year, tens of thousand of people die without a will, leaving their property to be distributed according to legal rules dating back to 1925. Even if there is a will, it may not stand up to scrutiny from the courts if reasonable provision was not made for certain family members and dependants. The Law Commission examines options for reform of these rules which would safeguard the position of bereaved spouses, while taking account of the concerns of children and other relatives of the deceased. Where the deceased did not leave children or other descendants, it is proposed that a surviving spouse should inherit the whole estate. In the more complex situation where there are surviving descendants, the Law Commission seeks views from consultees on a series of options for reform. The Law Commission also wants to extend the protection of the intestacy rules to unmarried partners who have lived together for some time or have a child. Under current law, they may have to go to court to claim reasonable provision from a partner's estate, which may involve great financial and emotional cost. These reforms would bring English law into line with public attitudes, and with the law in other Commonwealth countries. Other proposed reforms would improve the rights of children who are adopted after the death of a parent, and would end the unequal treatment of half-brothers and sisters in inheritance law.
Book Synopsis Intestacy and family provision claims on death by : Great Britain: Law Commission
Download or read book Intestacy and family provision claims on death written by Great Britain: Law Commission and published by Stationery Office. This book was released on 2009-10-29 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every year, tens of thousand of people die without a will, leaving their property to be distributed according to legal rules dating back to 1925. Even if there is a will, it may not stand up to scrutiny from the courts if reasonable provision was not made for certain family members and dependants. The Law Commission examines options for reform of these rules which would safeguard the position of bereaved spouses, while taking account of the concerns of children and other relatives of the deceased. Where the deceased did not leave children or other descendants, it is proposed that a surviving spouse should inherit the whole estate. In the more complex situation where there are surviving descendants, the Law Commission seeks views from consultees on a series of options for reform. The Law Commission also wants to extend the protection of the intestacy rules to unmarried partners who have lived together for some time or have a child. Under current law, they may have to go to court to claim reasonable provision from a partner's estate, which may involve great financial and emotional cost. These reforms would bring English law into line with public attitudes, and with the law in other Commonwealth countries. Other proposed reforms would improve the rights of children who are adopted after the death of a parent, and would end the unequal treatment of half-brothers and sisters in inheritance law.
Book Synopsis Family Provision by : Rosalind F. Atherton
Download or read book Family Provision written by Rosalind F. Atherton and published by Victorian Attorney-General's Law Reform Advisory. This book was released on 1997 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Family Provision by : John G. Ross Martyn
Download or read book Family Provision written by John G. Ross Martyn and published by . This book was released on 1985 with total page 218 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.
Book Synopsis Australian Family Provision Law by : Leonie Englefield
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.
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.
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
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.
The law governing family relationships has changed dramatically in the course of the 20th century and this book - drawing extensively on both published and archival material and on legal as well as other sources - gives an account of the processes and problems of reform.
Book Synopsis Family Law in the Twentieth Century by : Stephen Michael Cretney
Download or read book Family Law in the Twentieth Century written by Stephen Michael Cretney and published by Oxford University Press, USA. This book was released on 2003 with total page 984 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law governing family relationships has changed dramatically in the course of the 20th century and this book - drawing extensively on both published and archival material and on legal as well as other sources - gives an account of the processes and problems of reform.
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.
Book Synopsis Passing Wealth on Death by : Alexandra Braun
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.
