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Author: Great Britain: Law Commission Publisher: The Stationery Office ISBN: 9780102975291 Category : Business & Economics Languages : en Pages : 286
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 : Business & Economics Languages : en Pages : 286
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: Rosalind F. Atherton Publisher: Victorian Attorney-General's Law Reform Advisory ISBN: Category : Family & Relationships Languages : en Pages : 204
Author: Birke Häcker Publisher: Bloomsbury Publishing ISBN: 1782256288 Category : Law Languages : en Pages : 315
Book Description
While continental and comparative lawyers have recently rediscovered succession law as an area of immense practical importance deserving greater academic attention, it is still a neglected field in England. This book aims to reinvigorate the English debate. It brings together contributions by leading academics and practitioners engaging with topical issues as well as questions of fundamental importance in succession law and estate planning. The book will be of interest to both academics and practitioners working in the field, and to non-English comparative lawyers.
Author: Caroline Sawyer Publisher: Routledge ISBN: 1317479688 Category : Law Languages : en Pages : 413
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.
Author: Brian Sloan Publisher: Bloomsbury Publishing ISBN: 1782250476 Category : Law Languages : en Pages : 190
Book Description
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
Author: Christopher Butcher Publisher: ISBN: 9780752002507 Category : Probate law and practice Languages : en Pages : 0
Book Description
This is a guide to the law and practice of trademark applications, registrations and enforcement in 300 jurisdictions worldwide. Each country is covered in an identical format, so that all key issues are dealt with in a consistent and easily accessible way
Author: Samantha M Davey Publisher: Bloomsbury Publishing ISBN: 1509958614 Category : Law Languages : en Pages : 664
Book Description
This popular, long-established textbook provides a clear and engaging account of a fascinating and dynamic subject, while also introducing current debates about the nature, scope and functions of the law, and discussing controversies surrounding the basic doctrines by placing them in a wider context. The book takes an applied approach and provides real life examples to illustrate how the law works in practice. This book is essential reading for law students taking undergraduate modules in family law and child law. Students on social work, social policy, health care and human rights courses will also find it invaluable, as will postgraduates and those studying the subject for professional purposes. New to this Edition: - In-depth information on new reforms to the law on domestic violence, now more appropriately referred to as 'domestic abuse' - Fully updated case law, particularly in respect of Supreme Court developments in the areas of divorce and civil partnership - Overview and analysis of the government's proposed reforms to the law on divorce - Up-to-date statistics - A discussion question in each chapter, with suggested ways to approach it on the companion website
Author: Kenneth G. C. Reid Publisher: ISBN: 0198850395 Category : Business & Economics Languages : en Pages : 833
Book Description
This book is about the protection from disinheritance. Regardless of what a person's will might say, the closest relatives usually have a claim to some of the deceased's property. The book explores this issue in a sample of countries in Europe as well as in the USA, Canada, Latin America, China, South Africa, Australia, and New Zealand.
Author: Great Britain: Law Commission
Author: Great Britain: Law Commission
Author: Texas
Author: Rosalind F. Atherton
Author: Birke Häcker
Author: Caroline Sawyer
Author: 
Author: Brian Sloan
Author: Christopher Butcher
Author: Samantha M Davey
Author: Kenneth G. C. Reid