Australian Family Provision Law

Australian Family Provision Law PDF Author: Leonie Englefield
Publisher: Lawbook Company
ISBN: 9780455229317
Category : Decedents' family maintenance
Languages : en
Pages : 449

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Book Description
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.

Australian Family Provision Law

Australian Family Provision Law PDF Author: Leonie Englefield
Publisher: Lawbook Company
ISBN: 9780455229317
Category : Decedents' family maintenance
Languages : en
Pages : 449

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Book Description
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.

Comparative Succession Law

Comparative Succession Law PDF Author: Kenneth G C Reid
Publisher: Oxford University Press
ISBN: 0192590731
Category : Law
Languages : en
Pages : 832

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Book Description
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.

The New Law

The New Law PDF Author: Stefan Lorenzmeier
Publisher: Nomos Verlag
ISBN: 3845283971
Category : Law
Languages : en
Pages : 408

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Book Description
Das neue Recht hilft bei der Lösung von Problemen, mit denen sich internationale Organisationen, Staaten, Bevölkerungen und Durchschnittsbürger jeden Tag auseinandersetzen müssen. Die Autoren lösen dabei wichtige internationale, lokale oder nationale Probleme auf innovative und neuartige Weise, indem sie rechtliche Konzepte entwickeln, die auf staatlicher, regionaler und kontinentaler Ebene anwendbar sind. Zusätzlich zu Lösungen für spezifische Probleme beinhalten einige Beiträge eine theoretische Diskussion von Reformen und Verbesserungen allgemeiner Natur. Die von den Autoren dargestellt Vorschläge kombinieren das Wissen und die Erfahrung von Juristen und Praktikern mit der Kreativität von Nachwuchswissenschaftlern, um über die traditionellen Rechtsmodelle hinaus zu denken und bedeutende innovative Ideen einzuführen, die das bestehende Rechtssystem voranbringen.

The Modern Law of Evidence

The Modern Law of Evidence PDF Author: Adrian Keane
Publisher: Oxford University Press, USA
ISBN: 0199684340
Category : Law
Languages : en
Pages : 774

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Book Description
The Modern Law of Evidence is well established and relied upon as a lucid, engaging and authoritative guide to the contemporary law of evidence. Straightforward and practical in approach, this textbook also provides concise analysis of the theory behind the law, with an emphasis on recent discussion and current topics. The tenth edition has been carefully developed and updated to ensure that it continues to provide a thorough and utterly reliable guide for students. This book is an ideal text for undergraduates and students studying the BPTC or LPC. It has been cited with approval by the highest appellate courts, thereby also cementing its reputation as an excellent resource for practitioners and judges. Online Resource Centre This book is accompanied by an Online Resource Centre, which contains regular updates to the text and a helpful list of web links.

Model Rules of Professional Conduct

Model Rules of Professional Conduct PDF Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

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Book Description
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.

Cheshire and Burn's Modern Law of Real Property

Cheshire and Burn's Modern Law of Real Property PDF Author: Edward Hector Burn
Publisher: Oxford University Press, USA
ISBN: 019959340X
Category : Law
Languages : en
Pages : 1352

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Book Description
A clear, readable, scholarly account of land law, set in the context of its historical foundations.

The Modern Law of Real Property

The Modern Law of Real Property PDF Author: Louis Arthur Goodeve
Publisher:
ISBN:
Category : Real property
Languages : en
Pages : 680

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Book Description


Succession, Wills and Probate

Succession, Wills and Probate PDF Author: Caroline Sawyer
Publisher: Routledge
ISBN: 1317479688
Category : Law
Languages : en
Pages : 413

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Book Description
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.

Intestacy and family provision claims on death

Intestacy and family provision claims on death PDF Author: Great Britain: Law Commission
Publisher: The Stationery Office
ISBN: 9780102975291
Category : Business & Economics
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.

Dead Hands

Dead Hands PDF Author: Lawrence M. Friedman
Publisher: Stanford University Press
ISBN: 0804771081
Category : Law
Languages : en
Pages : 342

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Book Description
The law of succession rests on a single brute fact: you can't take it with you. The stock of wealth that turns over as people die is staggeringly large. In the United States alone, some $41 trillion will pass from the dead to the living in the first half of the 21st century. But the social impact of inheritance is more than a matter of money; it is also a matter of what money buys and brings about. Law and custom allow people many ways to pass on their property. As Friedman's enlightening social history reveals, a decline in formal rules, the ascendancy of will substitutes over classic wills, social changes like the rise of the family of affection, changing ideas of acceptable heirs, and the potential disappearance of the estate tax all play a large role in the balance of wealth. Dead Hands uncovers the tremendous social and legal importance of this rite of passage, and how it reflects changing values and priorities in American families and society.