Intestacy And Family Provision Claims On Death
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Intestacy And Family Provision Claims On Death
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Author : Great Britain: Law Commission
language : en
Publisher: The Stationery Office
Release Date : 2011-12-14
Intestacy And Family Provision Claims On Death written by Great Britain: Law Commission and has been published by The Stationery Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-12-14 with Law categories.
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.
Intestacy And Family Provision Claims On Death
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Author : Great Britain: Law Commission
language : en
Publisher: Stationery Office
Release Date : 2009-10-29
Intestacy And Family Provision Claims On Death written by Great Britain: Law Commission and has been published by Stationery Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-10-29 with Law categories.
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.
Intestacy And Family Provision Claims On Death
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Author :
language : en
Publisher:
Release Date : 2009
Intestacy And Family Provision Claims On Death written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Inheritance and succession categories.
Family Law
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Author : Great Britain. Law Commission
language : en
Publisher:
Release Date : 1974
Family Law written by Great Britain. Law Commission and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1974 with Law categories.
Copies are supplied by TSO's on-demand publishing service
Family Provision After Death
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Author : Anthony Dickey
language : en
Publisher: Lawbook Company
Release Date : 1992
Family Provision After Death written by Anthony Dickey and has been published by Lawbook Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Decedents' estates categories.
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.
Family Provision Practice
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Author : Spencer G. Maurice
language : en
Publisher:
Release Date : 1961
Family Provision Practice written by Spencer G. Maurice and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1961 with Deceased eStates categories.
The Modern Law Of Family Provision
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Author : John G. Ross Martyn
language : en
Publisher:
Release Date : 1978
The Modern Law Of Family Provision written by John G. Ross Martyn and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1978 with Alimony categories.
The Law And Practice Of Intestate Succession
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Author : C. H. Sherrin
language : en
Publisher:
Release Date : 1987
The Law And Practice Of Intestate Succession written by C. H. Sherrin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Law categories.
Informal Carers And Private Law
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Author : Brian Sloan
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-12-07
Informal Carers And Private Law written by Brian Sloan and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-07 with Law categories.
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
The Law Of Succession Testate And Intestate
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Author : Sir David Hughes Parry
language : en
Publisher:
Release Date : 1961
The Law Of Succession Testate And Intestate written by Sir David Hughes Parry and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1961 with Executors and administrators categories.