Presentation Transcript

1. English for social workers IIsession 4, 5 nov 2012

   Miljen Matijašević E-mail: miljen.matijasevic@gmail.com Office: G10, room 6 (1st floor) Tue, 10:30-11:30
2. Today’s session Revision of the last session (Marriage&Divorce) Wills and Inheritance The Constitution of the RC (Economic, Social and Cultural Rights)
3. Revision of the last session Marriage / Divorce
4. Answer the questions How is marriage defined in English law? What are the ramifications of this definition? What does it exclude? What is common-law marriage? Who has capacity to marry? What marriages are void? What marriages are voidable?
5. Answer the questions What is a civil partnership and what are the requirements for its formation? 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? What is uncontensted divorce?
6. Wills and Inheritance Unit 24
7. Inheritance law a.k.a. the law of succession law that regulates the succession of property upon a person’s death a deceased person may: die ‘testate’ (having left a valid will) die ‘intestate’ (no will or an invalid will)
8. 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
9. A Valid Will a will is valid if the testator has testimentary capacity any person of full age and sound mind if it is written in accordance with legal requirements
10. 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
11. 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
12. 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
13. Estate 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 LEGACY/BEQUEST any other form of property (e.g. cars, pecuniary* bequest) RESIDUE all that remains after all the debts have been paid *novčan
14. Family Provision until 1938 a testator had complete freedom to dispose of property not 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 deceased possible for the court to order that ‘reasonable financial provision’ be paid out of the estate left by the deceased
15. 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
16. 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
17. Probate 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
18. Probate personal representatives absolute power to dispose of the estate must execute the will/administer the estate within one year and according to law e.g. must pay off any leftover debts before they transfer property to the beneficiaries
19. Intestacy 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
20. Intestacy 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
21. Vocabulary 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
22. Vocabulary 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 ostaviti oporuku, umrijeti bez oporuke oporučitelj sposobnost sastavljanja oporuke mentalno zdrav izmjena oporuke izmijeniti oporuku opoziv oporuke opozvati oporuku dodatak oporuci imovina
23. Vocabulary devise, legacy/bequest pecuniary bequest residue spouse executor (of a will) administrator (of the estate) beneficiary (of the estate) probate family provision
24. Vocabulary devise, legacy/bequest pecuniary bequest residue spouse executor (of a will) administrator (of the estate) beneficiary (of the estate) probate family provision ostavština, oporučni dar novčana ostavina ostatak supružnik izvršitelj oporuke upravitelj imanja nasljednik sudska ovjera oporuke zbrinjavanje obitelji
25. 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
26. 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: (signatures)
27. The Constitution of the Republic of Croatia Unit 32: Economic, Social and Cultural Rights
28. What is a constitution? the supreme legal act, to which legislation and other regulations must conform the basic principles and laws of a nation, state, or social group that determine the powers and duties of the government and guarantee certain rights to the people in it a written instrument embodying the rules of a political or social organization
29. The Constitution of the Republic of Croatia Promulgated on 22 December 1990, amended in 1997, 2000, 2001 and 2010 Contains the following sections: Historical foundations Basic provisions Protection of human rights and fundamental freedoms Organization of government The Constitutional Court of the Republic of Croatia Local and regional self-government International relations Amending the Constitution Final provisions
30. The Constitution of the RC Historical foundations Outlines the history of the Croatian state, i.e. the political idea of Croatia as an independent state from the 7th century onwards Draws upon the legacy of the rejection of communism and the political changes in the late 1980s and of the Homeland War “Respecting the will of the Croatian nation and all citizens, resolutely expressed in the free elections, the Republic of Croatia is hereby founded and shall develop as a sovereign and democratic state in which equality, freedoms and human rights are guaranteed and ensured, and their economic and cultural progress and social welfare promoted. “
31. The Constitution of the RC Basic provisions Determine the Republic of Croatia as a unitary and indivisible, sovereign democratic and social state Lay down the most fundamental features of the state: organisation of government, democratic principles, separation of powers, political parties, armed forces, the national flag, coat of arms, anthem, language and script, and the capital city
32. The Constitution of the RC Protection of human rights and fundamental freedoms Set out the fundamental rights and freedoms of Croatian citizens Transpose the provisions of the UN Convention of Human Rights equality before the law, presumption of innocence, right to a fair trial, right to appeal court and administrative decisions, etc. the right to life (prohibits the death penalty), freedom, freedom of movement, private life, communication, religion, beliefs, etc. economic and social rights (work, property, social security, strike, family relations, education, etc.)
33. The Constitution of the RC Organization of government These provisions lay down the organisation, rights, duties and powers of: the Croatian Parliament, the President of the Republic of Croatia, the Government of the Republic of Croatia, the Judiciary, and the State Attorney’s Office
34. The Constitution of the RC The Constitutional Court of the RC Consists of 13 judges, appointed by the Croatian Parliament for an 8-year mandate Selected from the ranks of reputable jurists, judges, state attorneys and attorneys Not an actual court within the RC court system
35. The Constitution of the RC The Constitutional Court of the RC The Court’s main tasks are as follows: to decide on the conformity of laws with the Constitution, and of other regulations with the law and the Constitution to decide on constitutional complaints against individual court or administrative decisions (e.g. If the violate human rights and fundamental freedoms, etc.) to decide on jurisdictional disputes between the 3 branches of government to decide on the impeachment of the President of the RC to supervise the constitutionality and legality of elections and referenda
36. The Constitution of the RC Local and regional self-government This section regulates the right to local and regional self-government, the division into local administrative units (counties, municipalities, cities), local elections Lays down the scope of competence of local self-government units, such as the organization of housing and urban planning, public utilities, child care, social welfare, primary health services, education and elementary schools, culture, physical education and sports, etc.
37. The Constitution of the RC International relations Concerns the areas of international agreements and association and secession IA – regulates competence over and the ratification of international agreements, according to their content Association and secession – regulates the procedure of acceding to alliances with other states – who can initiate the procedure and the number of votes in Parliament, i.e. on the referendum are necessary for such a decision to be passed
38. The Constitution of the RC International relations Provision to prevent the reformation of Yugoslavia: “It is prohibited to initiate any procedure for the association of the Republic of Croatia into alliances with other states if such association leads, or might lead, to a renewal of a South Slav state community or to any Balkan state form of any kind. “
39. The Constitution of the RC Amending the Constitution This section regulates the procedure of amending the Constitution Amendments may be proposed by one fifth of representatives in the CP, the President and the Government of the RC The decision to amend must be approved by the majority of representatives Amendments may be adopted only if a two-thirds majority of all representatives vote in favour
40. The Constitution of the RC Final provisions These provisions rescind the former House of the Counties of the Croatian Parliament and confers to the CP the obligation to enact a Constitutional Act implementing the Constitution
41. The Constitution of the Republic of Croatia Amendments adopted in 2010 extradition of Croatian nationals wanted for crimes to foreign countries European Arrest Warrant amended criteria for referenda on accession to political alliances courts authorised to enforce EU law statute of limitations for crimes of war profiteering and crimes committed in the privatisation process removed independence of the judiciary strengthened Croatian nationals residing outside the RC will vote only for 3 representatives in the Croatian Parliament reserved for them etc.
42. Translationpractice 3. Economic, Social and Cultural Rights Article 48The right of ownership shall be guaranteed.Ownership shall imply obligations. Holders of the right of ownership and its users shall contribute to the general welfare.A foreign person may exercise the right of ownership under the conditions specified by law.The right of inheritance shall be guaranteed.
43. Translationpractice Article 49Free enterprise and free markets shall form the foundation of the economic system of the Republic of Croatia.The state shall ensure all entrepreneurs equal legal status on the market. The abuse of monopolies, as defined by law, shall be forbidden.The state shall encourage the economic progress and social welfare of its citizens, and care for the economic development of all regions.The rights acquired through the investment of capital shall not be infringed by law or any other legal act.Foreign investors shall be guaranteed free transfer and repatriation of profits and invested capital.
44. Translationpractice Article 50In the interest of the Republic of Croatia, ownership may be restricted or rescinded by law, subject to indemnification equal to the market value of the pertinent property.Free enterprise and property rights may be exceptionally restricted by law for the purposes of protecting the interests and security of the Republic of Croatia, nature and the human environment and human health.
45. Translationpractice Article 51Everyone shall participate in the defrayment of public expenses, in accordance with their economic capability.The tax system shall be based upon the principles of equality and equity.
46. Translationpractice Article 52 The sea, seashore, islands, waters, air space, mineral resources, and other natural assets, as well as land, forests, flora and fauna, other components of the natural environment, real estate and items of particular cultural, historical, economic or ecological significance which are specified by law to be of interest to the Republic of Croatia shall enjoy its special protection.The manner in which any assets of interest to the Republic of Croatia may be used and exploited by holders of rights thereto and by their owners, as well as compensation for any restrictions as may be imposed thereon, shall be regulated by law.
47. Thank you for your attention!