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Author: Great Britain: Law Commission
Publisher: The Stationery Office
ISBN: 9780102975291
Category : Law
Languages : en
Pages : 286
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Book Description
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.
Author: Great Britain: Law Commission
Publisher: The Stationery Office
ISBN: 9780102975291
Category : Law
Languages : en
Pages : 286
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Book Description
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.
Author: Great Britain: Law Commission
Publisher: Stationery Office
ISBN: 9780118404686
Category : Law
Languages : en
Pages : 200
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Book Description
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.
Author: Großbritannien Law Commission
Publisher:
ISBN:
Category :
Languages : en
Pages : 271
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Book Description
Author:
Publisher:
ISBN:
Category : Inheritance and succession
Languages : en
Pages : 190
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Book Description
Author: Great Britain. Law Commission
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 168
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Book Description
Copies are supplied by TSO's on-demand publishing service
Author: Anthony Dickey
Publisher: Lawbook Company
ISBN: 9780455211749
Category : Decedents' estates
Languages : en
Pages : 220
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Book Description
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.
Author: C. H. Sherrin
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 634
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Book Description
Author: Mckeon
Publisher: Cavendish Publishing
ISBN: 1843140810
Category : Law
Languages : en
Pages : 257
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Book Description
The aim of this book is to provide samples of the types of questions found both at first degree level and on diploma courses. This third edition has been extensively updated, including extra introductory notes and new chapters on the nature of wills and the mental element, formalities, revocation and alterations, and intestacy. The detailed coverage of family provision, construction and the administration of estates has also been expanded. The areas of mutual and privileged wills, and the growing number of decisions involving claims in negligence brought by disappointed beneficiaries against solicitors, are also incorporated.
Author: Texas
Publisher:
ISBN:
Category : Property
Languages : en
Pages :
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Book Description
Author: Spencer G. Maurice
Publisher:
ISBN:
Category : Deceased eStates
Languages : en
Pages : 120
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Book Description