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English for Lawyers 3. Lecturer: Miljen Matijašević G10, room 6/I, Tue 11:30-12:30 e-mail: miljen.matijasevic @ gmail.com Session 6 , 26 Nov 2013. Today’s session. Revision of the last session Wills and Inheritance Translation practice. Revision of the last session.

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english for lawyers 3

English for Lawyers 3

Lecturer: Miljen Matijašević

G10, room 6/I, Tue 11:30-12:30

e-mail: miljen.matijasevic@gmail.com

Session 6, 26 Nov 2013

today s session
Today’s session
  • Revision of the last session
  • Wills andInheritance
  • Translationpractice
revision of the last session
Revision of the last session

Marriage – Divorce

answer the questions marriage pt 1
Answer the questions – marriage, pt.1
  • How is marriage defined in English law?
  • What does this definition exclude?
  • What is common-law marriage?
  • Who has capacity to marry?
answer the questions marriage pt 2
Answer the questions – marriage, pt.2
  • What marriages are void?
  • What marriages are voidable?
  • What is a civil partnership and what are the requirements for its formation?
  • What do you know about same-sex marriages in the USA?
answer the questions divorce
Answer the questions – divorce
  • What 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?
inheritance law
Inheritance law
  • a.k.a. the law of succession
  • law that regulates the succession of property upon a person’s death
  • a deceased personmay:
    • die ‘testate’ (having left a valid will)
    • die ‘intestate’ (having left no will or an invalid will)
  • a declaration of a person’s 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 revoked
a valid will
A Valid Will
  • a 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 requirements
a valid will1
A Valid Will
  • a valid will must be:
    • in writing
    • signed by the testator
    • attested by at least 2 witnesses
  • the witnesses confirm by their signature the authenticity of the testator’s signature
  • they do not need to know the contents of the will
additions and alterations
Additions and Alterations
  • a will is alterable
  • can 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 codicil
revocation of a will
Revocation of a Will
  • a will is revocable until the testator dies
  • it can be revoked by:
    • a new will (revoking the previous will)
    • a codicil
    • a writing executed as a will
    • subsequent marriage of the testator
    • destruction of the will
  • the whole of one's possessions, especially all the property and debts left by one at death
    • DEVISE
      • land and real property owned by the testator
      • any other form of property (e.g. cars, pecuniary bequests)
      • all that remains after all the debts have been paid
family provision
Family Provision
  • in common law a testator hascomplete freedom to dispose of property
  • not obliged to include provision for his dependants
  • In civil lawcountries – the institute offorcedheirship
  • Bylawinheritablepropertydividedinto:
    • Forcedestate (to bebequeathed to thenextofkin)
    • Freeestate
family provision1
Family Provision
  • Inheritance (Family Provision) Act 1938 (amended in 1952 and 1975)
    • court given power to vary a will upon request by a dependant of the deceased
    • possible for the court to order that ‘reasonable financial provision’ be paid out of the estate left by the deceased
family provision2
Family Provision
  • list of eligible claimants for family provision
    • the wife or husband
    • a former spouse who has not remarried
    • a child
    • any person treated by the deceased as a child of the family
    • any person who immediately before the death of the deceased was being maintained by the deceased
personal representatives
Personal Representatives
  • estate left to BENEFICIARIES
  • disposal of a testator’s estate vested in PERSONAL REPRESENTATIVES:
    • EXECUTORS (of the will)
      • appointed in the will
    • ADMINISTRATORS (of the estate)
      • for someone who died intestate
  • an official document
    • confirming that the will is genuine
    • approving the executor’s right to administer the estate
  • executors apply for probate with the following documents
    • the will
    • a death certificate
    • details of property liable to capital transfer tax
    • a list of debts and funeral expenses
  • administrators – appointed by the court
  • personal representatives
    • absolutepower to disposeoftheestate
    • must executethewill/administertheestatewithin one yearandaccording to law
    • must payoffanyleftoverdebtsbeforethey transfer property to thebeneficiaries
  • if 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 considered
    • surviving spouse (husband or wife)
    • surviving children
    • surviving parents
    • surviving brothers and sisters of the whole blood
    • surviving relations of remoter degree
  • the 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 Crown
  • 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
  • estate
  • devise, legacy/bequest
  • pecuniary bequest
  • residue
  • forcedheirship, forcedestate
  • spouse
  • executor (of a will)
  • administrator (of the estate)
  • beneficiary (of the estate)
  • probate
  • family provision
a sample will
A Sample Will

I, 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 WILL

  • I 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 Pounds
    • To my daughter Elizabeth Coke the sum of Three Thousand Pounds
a sample will1
A Sample Will

I 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: