English for Law 1

English for Lawyers 3Lecturer: Miljen MatijaeviG10, room 6/I, Tue 15:30-16:30e-mail: miljen.matijasevic@gmail.comSession 6, 25 Nov 2014Revision of the last session

Wills and InheritanceTodays sessionRevision of the last sessionMarriage DivorceAnswer the questions marriage, pt.1How is marriage defined in English law?What is common-law marriage?Who has capacity to marry?What marriages are void/voidable?What do you know about same-sex marriages in the UK and the USA?

Answer the questions divorceWhat was divorce law based on before 1969?Does English law protect marriage?What is judicial separation and why does the instutite exist?What are possible grounds for divorce in the UK today?Wills and InheritanceUnit 24Inheritance lawa.k.a. the law of succession

law that regulates the succession of property upon a persons death

a deceased person may:die testate (having left a valid will)die intestate (having left no will or an invalid will)Willa declaration of a persons wishes concerning the distribution of his/her property after death

it can regulate only what happens to the property owned by the deceased at the time of death

not a permanent document can be changed or revokedA Valid Willa will is valid

if the testator has testamentary capacity(any person of full age and sound mind)

if it is written in accordance with legal requirementsA Valid Willa valid will must be:in writingsigned by the testatorattested by at least 2 witnesses

the witnesses confirm by their signature the authenticity of the testators signaturethey do not need to know the contents of the willAdditions and Alterationsa will is alterablecan be altered (changed) or added to

any changes within the will must be signed by the testator and witnesses

a will can be added to by an attached codicilRevocation of a Willa will is revocable until the testator dies

it can be revoked by:a new will (revoking the previous will)a codicila writing executed as a willsubsequent marriage of the testatordestruction of the willEstatethe whole of one's possessions, especially all the property and debts left by one at death

DEVISEland and real property owned by the testator

LEGACY/BEQUESTany other form of property (e.g. cars, pecuniary bequests)

RESIDUEall that remains after all the debts have been paid

Family Provisionin common law a testator has complete freedom to dispose of propertynot obliged to include provision for his dependants

Inheritance (Family Provision) Act 1938 (amended in 1952 and 1975)court given power to vary a will upon request by a dependant of the deceasedpossible for the court to order that reasonable financial provision be paid out of the estate left by the deceasedFamily Provisionlist of eligible claimants for family provisionthe wife or husbanda former spouse who has not remarrieda childany person treated by the deceased as a child of the familyany person who immediately before the death of the deceased was being maintained by the deceasedPersonal Representativesestate left to BENEFICIARIESdisposal of a testators estate vested in PERSONAL REPRESENTATIVES:

EXECUTORS (of the will)appointed in the will

ADMINISTRATORS (of the estate)for someone who died intestateProbatean official documentconfirming that the will is genuineapproving the executors right to administer the estate

executors apply for probate with the following documentsthe willa death certificatedetails of property liable to capital transfer taxa list of debts and funeral expenses

administrators appointed by the courtProbatepersonal representativesabsolute power to dispose of the estatemust execute the will/administer the estate within one year and according to lawe.g. must pay off any leftover debts before they transfer property to the beneficiariesIntestacyif a person dies intestate, the estate is distributed according to special rules, laid down by the law (Administration of Estates Act, 1925 and Intestates Estate Act, 1952)

the following groups of people are consideredsurviving spouse (husband or wife)surviving childrensurviving parentssurviving brothers and sisters of the whole bloodsurviving relations of remoter degreeIntestacythe surviving spouse is entitled to the largest part of the estate, the rest distributed in the above order

if a person leaves no relatives whatsoever, the property goes to the CrownVocabulary workTranslate into Croatian to die testate/intestate testator testamentary capacity of sound mind alteration (of a will) to alter a will revocation (of a will) to revoke a will codicil estateVocabularyto die testate/intestate

testatortestamentary capacityof sound mindalteration (of a will)to alter a willrevocation (of a will)to revoke a willcodicilestateostaviti oporuku, umrijeti bez oporukeoporuiteljoporuna sposobnostmentalno zdravizmjena oporukeizmijeniti oporukuopoziv oporukeopozvati oporukudodatak oporuciimovina, ostavinska masaVocabulary devise, legacy/bequest pecuniary bequest residue spouse executor (of a will) administrator (of the estate) beneficiary (of the estate) probate family provisionVocabulary devise, legacy/bequest oporuni dar, ostavtina pecuniary bequest novana ostavtina residue - ostatak spouse - suprunik executor (of a will) izvritelj oporuke administrator (of the estate) upravitelj imovine beneficiary (of the estate) - nasljednik probate sudska ovjera oporuke family provision zbrinjavanje obiteljiA Sample WillI, EDWARD COKE, of 14 Acacia Avenue, Oxbridge, in the County of Somerset, company director, HEREBY REVOKE all Wills and testamentary documents heretofore made by me AND DECLARE this to be my LAST WILLI APPOINT my wife Gladys Coke, and my solicitor, Thomas B. Macaulay, to be jointly the executors of this my will.I DEVISE my freehold cottage known as THE LILACS, at Tone Dale, Oxbridge, unto my son, Hugh Coke, in fee simple.I BEQUEATH the following specific legacies:To my son, John Coke, any motor-car I may own at the date of my death.To my daughter, Carolyn Coke, all my ordinary shares in the company known as Imperial Chemical Industries plc.To my said wife all my personal chattels not hereby bequeathed for her absolute use and benefit.I BEQUEATH the following pecuniary legacies:To my daughter Rosalyn Coke the sum of Three Thousand PoundsTo my daughter Elizabeth Coke the sum of Three Thousand PoundsA Sample WillI DEVISE AND BEQUEATH all the residue of my real and personal estate whatsoever and wheresoever not hereby or by any codicil hereto otherwise expressly disposed of as to my freeholds in fee simple and as to my personal estate absolutely unto my said wife Gladys Coke for her own absolute use and benefit.

IN WITNESS whereof I the said Edward Coke the Testator have to this my LAST WILL set my hand this thirty-first day of March One Thousand Nine Hundred and Ninety-Three.

SIGNED AND ACKNOWLEDGED by the above-named Edward Coke the Testator as and for his LAST WILL in the presence of us both present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses:

(signatures)Thank you for your attention!