Wills, trusts, estates A residuary estate , in the law of will law wills , is any portion of the testator s estate that is not specifically devised to someone in the will, or any property that is part of such a specific devise that fails. http www.nolo.com definition.cfm Term DB9F6C78 01F8 4A95 8B7DC729C0CEE3D4 alpha R http definitions.uslegal.com w wills residuary estate It is also known as a residual estate or simply residue . The will may identify the taker of the residuary estate through a residuary clause or residuary bequest . The person identified in such a clause is called the residuary taker , residuary beneficiary , or residuary legatee . If no such clause is present, however, the residuary estate will pass to the testator s heirs by intestacy . At common law, if the residuary estate was divided between two or more beneficiaries, and one of those beneficiaries was unable to take, the share that would have gone to that beneficiary would instead pass by intestacy, under the doctrine that there was no residuary of a residuary . The modern rule, however, is that the failure of a residuary gift to one beneficiary causes that beneficiary s share to be divided among the remaining residuary takers. Unreferenced date November 2007 Category Wills and trusts law term stub ko ... more details
Unreferenced stub auto yes date December 2009 Wills, trusts, estates Letters of Administration are granted by a Surrogate Court or probate registry to appoint appropriate people to deal with a deceased person s Estate law estate where property will pass under Intestacy Rules or where there are no executor s living and willing and able to act having been validly appointed under the deceased s will law will . Traditionally, letters of administration granted to a representative of a testate estate are called letters of administration with the will annexed or letters of administration cum testamentio annexio or c.t.a. . See also Administration of an estate on death Administration Probate DEFAULTSORT Letters Of Administration Category Wills and trusts Law stub ... more details
Unreferenced auto yes date December 2009 Orphan date December 2009 Beneficium inventarii literally benefit of the inventory is a legal doctrine introduced into Roman law by Justinian I to limit the legal liability liability of Beneficiary heirs resulting from an Insolvency insolvent Estate law estate . The doctrine, which is in force today in many Civil law legal system civil law systems , applies to both Will law wills and Intestacy intestate successions. An heir may accept a succession under beneficium inventarii without being liable for the debts attaching to the estate or to the claims of Will law legatees beyond the estate s value as previously determined by inventory. Category Latin legal terms Category Roman law Category Legal doctrines and principles Latin legal phrase stub ... more details
Infobox UK legislation short title Inheritance Provision for Family and Dependants Act 1975 parliament Parliament of the United Kingdom long title An Act to make fresh provision for empowering the court to make orders for the making out of the estate of a deceased person of provision for the spouse, former spouse, child, child of the family or dependant of that person and for matters connected therewith. statute book chapter 1975 c. 63 introduced by territorial extent England and Wales royal assent 12 November 1975 commencement repeal date amendments related legislation repealing legislation Equality Act 2010 status Current original text http www.legislation.gov.uk ukpga 1975 63 enacted revised text http www.legislation.gov.uk ukpga 1975 63 legislation history The Inheritance Provision for Family and Dependants Act 1975 c. 63 is an Act of Parliament Act of the Parliament of the United Kingdom United Kingdom Parliament concerning inheritance in England and Wales . This Act makes provision for a Law court court to vary and extend when appropriate the distribution of the estate of a deceased person to any spouse, former spouse, child, child of the family or dependant of that person in cases where the deceased person s Will law Will or the standard rules of intestacy fail to make reasonable financial provision . Such provision can be derived not just from monetary assets but from any others forming part of the estate or which have been disposed of in the six years prior to the death. Repeals This Act entirely repealed the Inheritance Family Provision Act 1938 . Ten other Acts were partly repealed by this Act, those repeals are listed in the Schedule to the Act further amendments to other legislation are made by s.26 of this Act. See also List of Acts of Parliament of the United Kingdom Parliament, 1960 1979 Intestacy References reflist UK legislation Category United Kingdom Acts of Parliament 1975 Category Inheritance UK law stub ... more details
wiktionary interstate Wikisearchbox interstate ending avoids pass newline text2 Interstate 10 text3 Interstate 95 for the term intestate Intestacy An Interstate is a type of high speed, limited access highway in the United States Interstate may also refer to Media Interstate 60 2002 , a metaphysical comedy drama road film Interstate song Interstate song , a song from the album Tear the Signs Down 2010 by The Automatic Interstate 76 , a vehicular combat video game for the Microsoft Windows computer operating system Interstate 82 , the sequel to Interstate 76 Transportation United States Numbered Highway System , also called the first interstate highway system in the United States New England Interstate Routes , one of the regional precursors of the Interstate Highway System in the United States Other Interstate commerce, see Commerce Clause , an enumerated power listed in the United States Constitution Article I, Section 8, Clause 3 Interstate typeface , a neo grotesque sans serif typeface designed by Tobias Frere Jones Interstate Bakeries Corporation Interstate Batteries , a privately owned company, based in Dallas, Texas, that markets automotive batteries See also I 0 , a piece of interactive fiction, written by Adam Cadre, about a teenage girl hitch hiking on Interstate Zero Interactions between two or more nation Sovereign state states , commonly called international disambig fr Interstate homonymie nl Interstate ... more details
Refimprove date November 2007 Mergefrom Moosi date July 2009 Wills, trusts, estates A testator is a person who has written and executed a Will law last will and testament that is in effect at the time of his her death. ref cite web url http dictionary.law.com default2.asp?typed testator&type 1&submit1.x 72&submit1.y 6 title Law dictionary on line publisher Dictionary.law.com date 2010 12 09 accessdate 2012 03 26 ref It is any person who makes a will. ref name Gordon Gordon Brown, Administration of Wills, Trusts, and Estates , 3d ed. 2003 , p. 556. ISBN 0 7668 5281 4. ref Related terms A female testator is sometimes referred to as a testatrix , particularly in older cases. ref name Gordon The adjective adjectival form of the word is testamentary , as in Testamentary capacity , or mental capacity or ability to execute a will and Testamentary disposition , or gift made in a will see that article for types . A will law will is also known as a last will and testament . Testacy means the status of being testate , that is, having executed a will. The property of such a person goes through the probate process. Intestacy means the status of not having made a will, or to have died without a valid will. The estate of a person who dies intestate , undergoes administration of an estate on death administration , rather than probate. The attestation clause of a will is where the witnesses to a will attest to certain facts concerning the making of the will by the testator, and where they sign their names as witnesses. References reflist Category Wills and trusts Category Common law law term stub cs Z stavitel pl Spadkodawca ... more details
Unreferenced date December 2009 Wills, trusts, estates Satisfaction of legacies is a common law doctrine that affects the disposition of property under a will law will . Under the doctrine, any gift that the maker of the will the testator gives during his lifetime to a named beneficiary of the will is presumptively treated as a satisfaction of that beneficiary s inheritance. After the death of the testator, the amount of the gift would then be deducted from the amount that the beneficiary would otherwise have received, even if it operates to entirely cancel out the inheritance. The presumption applies only when the gift is made after the will has already been executed. Many jurisdictions have repealed the satisfaction of legacies doctrine by statute. Even in those jurisdictions, however, a gift may still be treated as a satisfaction of legacy if such an intention is expressed in a written document made close to the time of the gift and signed by either the testator or the beneficiary. Jurisdictions that have enacted such a statute include Virginia . A similar common law doctrine operates regarding inheritance by intestacy i.e., without a will such a gift is then called an Advancement inheritance advancement . The concepts work similarly, but are independent of one another jurisdictions that have repealed the doctrine of satisfaction of legacies may still have the traditional doctrine of advancement in place. This may be because the law presumes that a person who was possessed of enough sophistication to make a will would know how to amend that will or otherwise document their desire that the gift be deemed satisfied. DEFAULTSORT Satisfaction Of Legacies Category Wills and trusts Category Common law rules ... more details
Unreferenced date September 2010 Wiktionary abatement Wills, trusts, estates Abatement of debts and legacies is a common law doctrine of will law wills that holds that when the equitable assets of a deceased person are not sufficient to satisfy fully all the creditors, their debts must abate proportionately, and they must accept a dividend . In the case of legacies when the funds or assets out of which they are payable are not sufficient to pay them in full, the legacies abate in proportion, unless there is a priority given specially to any particular legacy. Annuities are also subject to the same rule as general legacies. The order of abatement is usually Intestacy Intestate property property not disposed of in the will itself will abate first The residuary estate will abate next General devises gifts of cash will abate next Demonstrative devises gifts of stock , or orders to sell property and give the proceeds to the beneficiary will abate next Specific devises gifts of tangible property will abate last Definitions A specific devise , is a specific gift in a will to a specific person other than an amount of money. For example, if James s will states that he is leaving his 500,000 yacht to his brother Mike, the yacht would be a specific devise. A general devise , is a monetary gift to a specific person to be satisfied out of the overall estate. For example, if James s will states that he is leaving 500,000 to his son Sam then the money would be a general devise. A residual devise is one left to a devisee after all specific and general devices have been made. For example James s will might say I give all the rest, residue and remainder of my estate to my daughter Lilly. Lilly would be the residual devisee. References Reflist DEFAULTSORT Abatement Of Debts And Legacies Category Common law Category Wills and trusts Category Articles lacking sources from June 2009 Category All articles lacking sources law term stub ... more details
Unreferenced date July 2009 This is a list of legal consequences of forming a marriage or civil partnership in England and Wales . For the purposes of capital gains tax , a married couple civil partners can claim private residence relief for only one dwelling, even if they live apart. Married Civil partners can possess joint property without needing to agree a contract. In case of accident or illness of one spouse, the other is considered as next of kin. A spouse of a British citizen is entitled to a residence permit. A spouse may not be compelled by a criminal court to disclose private communications with their spouse. When a married couple civil partners separate, the courts have wide powers to divide their property and may set aside prenuptial agreement s. Will law Wills are revoked on marriage or formation of a civil partnership unless made in contemplation of marriage formation of a civil partnership . Similarly, a divorced former spouse cannot benefit from a will made before divorce dissolution. No inheritance tax is payable on an estate law estate inherited by a surviving spouse civil partner, if they are UK domiciled. The surviving spouse Inheritance inherits part or all of the estate law estate of a spouse who dies intestate . The exact rules for intestacy are different in the countries of the UK. In England and Wales , if there are children, the survivor inherits the first 125,000 plus personal possessions plus a life interest in half the remainder if there are no children but the deceased has surviving parents or siblings, the surviving spouse inherits the first 200,000 plus personal possessions plus half the remainder otherwise the survivor inherits the whole estate. The surviving spouse is paid a proportion of their deceased spouse s pension . Some references to relevant government documents would be nice here. Case reports perhaps, or the laws and amendments in which these consequences are embodied. Portal England Wales DEFAULTSORT Legal Consequences O ... more details
Unreferenced date July 2008 Wills, trusts, estates Simultaneous death is a problem of inheritance which occurs when two people, at least one of whom is entitled to part or all of the other s estate on their death usually a husband and wife die at the same time. This is usually the result of an accident, but in some cases may occur as a result of homicide. Under the common law , if there was any evidence whatsoever that one party had survived the other, even by a few moments, then the estates would be distributed in that order, though the decedents could write or have written a clause in the will that requires their property to be distributed as though each had predeceased the other. In order to alleviate problems of proving simultaneous death, many states in the United States have enacted the Uniform Simultaneous Death Act , which provides that each spouse will be treated as though they predeceased the other if they die within 120 hours of one another. However, the Act also states that the 120 hour rule is not applicable, if the end result would be an intestate estate escheating to the state. Some wills now include Titanic clauses named for the RMS Titanic RMS Titanic , which caused many simultaneous deaths among testators and executors . These clauses lay out explicit instructions for dealing with simultaneous death. England and Wales The common law of England and Wales also Australia does not accept the possibility of simultaneous death. Where there is no satisfactory medical evidence as to the order of death, the elder of the two is deemed to have died first. This can cause difficulties where for example the elder person had children prior to marriage. The rules can be ousted if inappropriate by an explicit provision in a will. Wills generally have a survivorship clause , typically of 30 days, so that both partner s estates are dealt with as though they were already widowed at the point of death in cases of intestacy , the survivorship clause is set at 28 days. H ... more details
wills, trusts, estates Advancement is a common law doctrine of Intestacy intestate succession that presumes that Gift law gifts given to a person s heir during that person s life are intended as an advance on what that heir would inherit upon the death of the parent. For example, suppose person P had two children, A and B. Suppose also that P had 100,000, and gave 20,000 to child A before P s death, leaving 80,000 in P s estate. If P died without a will, and A and B were P s only heirs, A and B would be entitled to split P s estate evenly. If the doctrine of advancement were not applied, then each child would receive half of the remaining 80,000, or 40,000. However, if the doctrine of advancement is applied, then the 20,000 already given to A would be considered part of P s estate advanced to A. Thus, the estate would still be valued at 100,000, and each heir would be entitled to 50,000, with the 20,000 already given to A being counted as part of his share. Of the remaining 80,000, A would take 30,000 and B would take 50,000. A number of jurisdiction s have enacted statutes which ameliorate the doctrine of advancement by requiring, for example, that the person giving the gift must indicate in writing that it is intended to be counted as an advancement against the estate. The Uniform Probate Code , which has been adopted in whole or in part by a number of states, limits the doctrine by requiring a writing from either the deceased or the recipient of the property indicating that the property was intended to be treated as an advance upon the estate. ref http www.law.upenn.edu bll archives ulc upc final2005.htm Uniform Probate Code hosted at the University of Pennsylvania, 2 109 accessed June 9, 2009 . ref Where a valid will exists, gifts made during lifetime are analyzed under a different doctrine, that of satisfaction of legacies . References reflist Category Inheritance ... more details
Gay Hayden of Vancouver, Washington was a prominent Oregon pioneer who owned a significant portion of what is now the city of Vancouver including properties previously owned by Esther Short . ref name pacific The Pacific reporter , Volume 94, West Publishing Co., St. Paul, pp. 909 911 ref Additionally, Hayden owned all of or part of what is now Hayden Island, Portland, Oregon Hayden Island in Portland, Oregon , which is named in his memory. ref McArthur, Lewis A., http www.jstor.org stable 20610356 Oregon Geographic Names , Oregon Historical Quarterly, Vol. 27, No. 3 Sep., 1926 , Oregon Historical Society, pp. 295 363. ref Hayden arrived in the Oregon Territory in 1850 with his wife Mary Jane Hayden , whom he met in the wilds of Wisconsin and married in 1847. In 1851, after settling on what would become known today as Hayden Island, he built a grand home and lived on the island for five years with his wife Mary Jane Hayden . ref name access Hayden, Gay. http www.accessgenealogy.com scripts data database.cgi?file Data&report SingleArticle&ArticleID 0020608 Access Genealogy. 2010 06 13. Accessed 2010 06 13. http www.webcitation.org 5qS1jKFqK Archived by WebCite ref On March 10, 1886, Gay Hayden and Mary Jane Hayden separated and divided their property in court, from that point on each handling their own real estate and financial affairs. Gay Hayden died Intestacy intestate in May 1902. ref name pacific References references Persondata Metadata see Wikipedia Persondata . NAME Hayden, Gay ALTERNATIVE NAMES SHORT DESCRIPTION DATE OF BIRTH PLACE OF BIRTH DATE OF DEATH May 1902 PLACE OF DEATH DEFAULTSORT Hayden, Gay Category Oregon pioneers Category People from Vancouver, Washington Category 1902 deaths Category People from Wisconsin Category People from Clark County, Washington Category People from Multnomah County, Oregon Category Year of birth missing ... more details
Law unref date July 2007 Property law An estate is the net worth of a person at any point in time. It is the sum of a person s assets &ndash legal rights, interests and entitlements to property of any kind &ndash less all liability accounting liabilities at that time. The issue is of special legal significance on a question of bankruptcy and death of the person. See inheritance . Depending on the context, the term is also used in reference to an estate in land or of a particular kind of property such as real property real estate or personal property personal estate . The term is also used to refer to the sum of a person s assets only. Inheritance In context of probate , the estate of a deceased person consists of all the property, whether real property real or personal property personal , owned by the person at the time of death. Assets that pass to somebody else by operation of law for example, property held on a joint tenancy basis , do not form part of the deceased estate, even though the person had rights to that property during his or her lifetime. Also, if the deceased owned life insurance and nominated a beneficiary of the policy, the proceeds of that policy would not pass into the deceased s estate, but would go directly to the nominated beneficiary. Similarly, superannuation death benefits can go directly to a deceased s dependent, bypassing the deceased s estate. See Will law will and intestacy The estate or assets of a deceased person is administered by an executor in the case of a will or Administrator law administrator in the case of intestacy . The function of the executor and administrator is to protect the assets of the estate, pay out all expenses and the decedent s liabilities and distribute the balance in accordance with the directions in the will. Bankruptcy Under bankruptcy in the United States US bankruptcy law , a person s estate consists of all assets or property of any kind available for distribution to creditors. ref Bankruptcy Code usc 11 ... more details
unreferenced date November 2011 In Civil law legal system Civil law and Roman law , the legitime legitima portio , also known as a forced heirship forced share or legal right share, of a decedent s estate law estate is that portion of the estate from which he cannot disinherit his children, or his parents, without sufficient legal cause. The word comes from French language French h ritier l gitime , meaning rightful heir. The legitime is usually a statute statutory fraction of the decedent s gross estate and passes as joint property to the decedent s next of kin in equal undivided shares. The legitime cannot be infringed in order to give a spouse or other beneficiary a greater share of the estate. Therefore, when a decedent has children and leaves a will law will , it is unlawful for the testator to override the legitime by special gift which exhausts the estate or by designating his spouse or other person as sole beneficiary. This is known as preterition when arising by omission and disinheritance when heirs are expressly deprived. Common law At common law , there is no legitime the Statute of Wills , 32 Henry VIII of England Hen. VIII c. 1, provided for the unfettered distribution of a decedent s entire estate a testator is entitled to disinherit any and all of his children, for any reason and for no reason. Most jurisdictions in the United States have enacted statutes that prohibit a testator from disinheriting a spouse, or provided that in the event of such a will the spouse may elective share elect to take against the will and claim a statutory share of a decedent s estate. This is done as a substitute for the common law rights of dower and curtesy . In certain jurisdictions Brazil In Brazil , the descendants alternatively, the parents or grandparents and the spouse must receive at least 50 of it among themselves. Czech Republic In the Czech Republic , the nearest descendants can require a half of their intestacy portion if they are of age or the whole intestac ... more details
of the entire Last Will and Testament, resulting in an intestacy . Invalidity of a clause or gift ... spouse or orphaned children, who would now get their elective share . See also Intestacy Per minas ... more details
Expert subject Law date November 2008 Probate research deals with finding heirs and proving their right to an inheritance . In some estate land estate s there may be no known heirs, or there may be missing heir s whose names are known but their contact information is not. There may be also be known heirs from one part of the family, but another part of the family may be unknown. In all these instances, professional probate researchers work to trace the next of kin . Probate researchers are also called heir hunters, heir searchers, and forensic genealogists. Intestacy Intestacy laws vary enormously from one country to another, and in the US, they also vary from state to state. Thus probate researchers must have extensive knowledge of the law to know which family members are legally entitled to inherit. They also employ specialized genealogical and investigative techniques to search public records and databases to identify the extended family of the descendent, often starting with no more than a name and date of death and in some cases looking for relatives as distant as second cousins. In many cases the heirs that are finally identified have little or no knowledge of the person from whom they are inheriting. Probate researchers are hired by solicitors in the United Kingdom, or Estate Attorneys in the United States. It is also common for them to independently review many cases to find a single case with missing or unknown heirs. Fees charged Many probate researchers work primarily on a contingent fee or no win no fee basis which involves the potential heir signing an agreement to pay a percentage of their inheritance to the probate research company if they actually inherit something. Legitimate firms never request out of pocket or up front fees from potential beneficiaries. However, there are many email scams that ask for money for information about false inheritances. The industry remains unregulated, however, the main UK companies have gone to great lengths to prove ... more details
a married couple s property as tenancy by the entireties , if a person dies intestacy intestate owning ... estates. fact date July 2011 If the decedent died without a will, known as intestacy , the estate will be distributed ... as instructed in the will, or under the intestacy laws of the state. A party may challenge any .... For an explanation of the intestacy probate process in England and Wales, see Administration of an estate ... more details
Orphan date December 2010 In law , the situs pronounced s t s Latin for position or site of property is where the property is treated as being located for law legal purposes. This may be important when determining which laws apply to the property, since the situs of an object determines the lex situs , that is, the law applicable in the jurisdiction where the object is located, which may differ from the lex fori , the law applicable in the jurisdiction where a legal action is brought. For example, real estate in England is subject to English law , real estate in Scotland is subject to Scottish law , and real estate in France is subject to French law . It can be essential to determine the situs of an object, and the lex situs , because there are substantial differences between the laws in different jurisdictions governing, for example whether property has been transferred effectively what tax es apply such as inheritance tax , estate tax , wealth tax , income tax and capital gains tax and whether rules of intestacy or forced heirship apply. The rules for determining situs vary between jurisdictions and can depend on the context. The English common law rules, which apply in most common law jurisdictions, are in outline as follows the situs of real estate land is where the land is located the situs of bearer instrument s and chattel s tangible moveable property is where the instrument or chattel is located from time to time the situs of registered instrument s is where the register is held the situs of shares is where the share register is held in the case of registered shares or where the bearer share certificate is located in the case of bearer shares . the situs of debt s is where the debtor resides since that is generally where legal action can be taken to enforce the debt the situs of intangibles property, including intellectual property such as copyright , trademark s and patent s but also Goodwill accounting goodwill , is where the property is registered, or, i ... more details
Refimprove date April 2007 A bastard also called whoreson in the law of England and Wales is a person whose parents, at the time of his her birth, were not married to each other. Unlike in many other systems of law, there was previously no possibility of post factum legitimisation of a bastard. This situation was changed in 1926. Etymology The word bastard is from the Old French bastard, which in turn was from medieval Latin bastardus. According to some sources, bastardus may have come from the word bastum, which means packsaddle, ref name wdbastard cite web url http oxforddictionaries.com definition bastard title Bastard work World Dictionary publisher Oxford University Press accessdate 12 September 2011 ref the connection possibly being the idea that a bastard might be the child of a passing traveller who would have a packsaddle . In support of this is the Old French phrase fils de bast loosely meaning child of the saddle, which had a similar meaning. ref name wdbastard Common law origin Bastardy was not a status, like villeinage , but the fact of being a bastard had a number of legal effects on an individual. One exception to the general principle that a bastard could not inherit occurred when the eldest son who would otherwise be heir was born a bastard but the second son was born after the parents were married. The Statute of Merton Provisions of Merton 1235 20 Hen. 3 c. IX , otherwise known as the Special Bastardy Act 1235, provided that except in the case of real actions the fact of bastardy could be proved by trial by jury, rather than necessitating a bishop s certificate. Reform Post hoc legitimisation was introduced under the Legitimacy Act 1926 16 & 17 Geo. 5 c. 60 and the Family Law Reform Act 1969 c. 46 allowed a bastard to inherit on the intestacy of his parents. In Medieval Wales In Medieval Wales, prior to its conquest by and incorporation in England, a bastard was defined solely as a child not acknowledged by his father. All children acknowledged by ... more details
unreferenced date April 2009 Wills, trusts, estates Lapse and anti lapse are complementary concepts under the law of will law wills , which address the disposition of property that is willed to someone who dies before the testator the writer of the will . Lapse At common law, lapse occurs when the beneficiary or the devisee under the will predeceases the testator, invalidating the gift. The gift would instead revert to the residuary estate or be granted under the law of intestate succession. If the deceased beneficiary was intended to inherit part or all of the residuary estate, then that portion of the estate would pass by intestacy intestate succession , as though the testator had left no will. This rule is referred to as the doctrine of no residue of a residue, because the portion of the residuary estate that did not itself pass under the will could not be considered part of the residuary estate at all. Under section 2 604 b of the uniform probate code, if the residue is devised to two or more persons, the share of a residuary devisee that fails for any reason passes to the other residuary devisee, or to other residuary devisees in proportion to the interest of each in the remaining part of the residue. Simply put, if there are two parties in the remainder and one has not survived, the entirety of the remainder goes to the surviving residuary devisee or divisees. In jurisdictions which have adopted the Uniform Simultaneous Death Act , or the 1991 version of the Uniform Probate Code but not the previous Uniform Probate Code , any devisee who dies within 120 hours after the testator is legally considered to have died before the testator. In such jurisdictions, only a devisee who survives more than 120 hours after the testator is considered to have met this statutory survival test. Anti lapse statutes Most common law jurisdictions have enacted an anti lapse statute to address this situation. The anti lapse statute saves the bequest if it has been made to parties spe ... more details
unreferenced date December 2007 Wills, trusts, estates Disclaimer of interest also called a renunciation , in the law of inheritance , will law wills and Trust law trust s, is a term that describes an attempt by a person to renounce their legal right to benefit from an inheritance either under a will or through intestacy or through a trust. There are a number of reasons why a person might wish to avoid an inheritance, particularly if the proceeds would only go to their creditor s, or if it would drastically affect their income tax liabilities. Under the common law , a person who disclaimed their interest would be treated as though they had died before the trust or will came into effect. This was a sensible option if the disclaiming party was an heir by descent, whose own children would then take in his place and without the imposition of a gift tax . The disclaimer must be in writing and submitted to the court overseeing the disposition of the estate within a legally specified time period, which is usually nine months after the death of the person from whom the disclaiming party stands to inherit, or twelve months after the creation of a trust by a living person. An affidavit may be required in which the disclaiming party must swear that he has not received any consideration i.e., compensation for the disclaimer. The disclaimer must also occur before the disclaiming party has enjoyed any benefits of the trust or inheritance. Many jurisdictions now have statute s that prohibit a disclaimer when the individual is insolvent or receiving certain public benefits due to low income. A disclaimer of interest is irrevocable. It must be a complete, and not a partial disclaimer. Such a disclaimer can be made by a legal guardian on behalf of a person who lacks the capacity law capacity to make the disclaimer themselves, but this usually requires the finding by a court that the disclaimer is in the ward s best interest. Disclaimers and Deeds of Variation England and Wales In Eng ... more details
infobox court case name Paul v Constance court Court of Appeal of England and Wales image date decided 8 July 1976 full name Paul v Constance citations Case citation England and Wales 1977 1 WLR 527 CA judges Cairns LJ, Scarman LJ, Bridge LJ Cases cited Jones v Lock , Richards v Delbridge , Re Paradise Motor Co Ltd Legislation cited None prior actions subsequent actions Keywords Trust law Trust Paul v Constance 1977 1 WLR 527 is an important English trust law case. It sets out what will be sufficient to establish the first of the three certainties necessary for a Trust law trust certainty of intention . It is necessary that a settlor s words and actions ... show a clear intention to dispose of property ... so that someone else acquires a beneficial interest. ref Paul v Constance 1977 1 WLR 527 CA ref Facts Mr Constance, deceased, set up a bank account in his own name. On many occasions he stated to his Domestic partnership de facto partner Mrs Paul the plaintiff , that The money is as much yours as mine. ref Paul v Constance 1977 1 WLR 527 CA ref Mr Constance was still legally married to Mrs Constance the defendant . Mr Constance died Intestacy intestate , and his assets including the account passed to the defendant. This statement itself was not sufficient to imply a trust was created. One of the key facts was that both Mr Constance and the claimant played bingo and both parties paid their bingo winnings into this account. Their conduct in this situation implied to the court that Mr Constance did intend this to be a trust. Judgment To establish a trust, there must be sufficient certainty of intention that the settlor is granting a beneficial interest to the beneficiary . This can be expressed oral contract orally , and no particular form of words or conduct are necessary. ref Paul v Constance 1977 1 WLR 527, 530 531 CA ref The word trust need not be used. However, an imperfect gift as in Jones v Lock does not show sufficient certainty of intention. See also Clist t ... more details
wiktionary probate court A probate court also called a surrogate court is a specialized court that deals with matters of probate and the Administration of an estate on death administration of estates . Probate courts administer proper distribution of the asset s of a Death decedent one who has died , Adjudication adjudicates the validity of will law wills , enforces the provisions of a valid will by issuing the Probate grant of probate , prevents malfeasance by executor s and administrators of Estate law estates , and provides for the equitable distribution of the assets of persons who die intestate without a valid will , such as by granting a Letters of Administration grant of administration giving judicial approval to the personal representative to administer matters of the estate . In contested matters, a probate court examines the authenticity of a will and decides who is to receive the deceased person s property. In a case of an intestacy, the court determines who is to receive the deceased s property under the law of its jurisdiction . The probate court will then oversee the process of distributing the deceased s assets to the proper beneficiaries. In some jurisdictions, such courts are also referred to as orphans courts , or courts of ordinary . Not all jurisdictions have probate courts, in many places, probate functions are performed by a chancery court or another court of equity . The surrogate court can be petitioned by interested parties in an estate, such as when a beneficiary feels that an estate is being mishandled. The court has the authority to compel the executor to give an account of his actions. The Orphan s Court The orphan s court was an organization established in the Chesapeake Bay colonies during colonization . The major goal of the organization was to protect orphan ed children and their right to their deceased family s estate from claims and against abuses by stepparents and others. Modern day orphan s courts are surrogate courts, hearing m ... more details
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