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Pa Estate Inheritance Laws

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					Wills and Inheritance

       Unit 24
            Inheritance Law
 Inheritance Law (sometimes called Wills
  and Probate) is concerned with the
  distribution of a person’s property following
  their death
 This may occur either in accordance with
  the provisions of a will, or under applicable
  rules relating to intestacy (when a person
  dies without a will)
                 Inheritance
   1. The devolution of property on the death
    of its owner, either according to the
    provisions of his will or under the rules
    relating to intestacy
                     Will
   A document by which a person directs what
    should happen to their property after their
    death
Will
 A will must be made:
 1) in writing,
 2) signed by the testator (the person making
  the will),
 3) witnessed by at least two witnesses
           Validity of a will
 The testator must:
 1. have testamentary capacity
 2. make the will of his own free wishes
  without any undue influence
Testamentary capacity
 The ability to make a legally valid will
 Persons under 18 years of age and mental
  patients do not have testamentary capacity
Testamentary capacity
 The testator must:
 1. Understand the nature of the document
 2. The property of which he is disposing
 3. The persons who have a natural claim to
  provision from his estate
 4. The manner in which he provides for his
  estate to be distributed
Undue influence
   Influence that prevents someone from
    exercising an independent judgement with
    respect to any transaction
Undue influence
 A will may be held invalid if it is shown
  that the testator made it under undue
  influence
 It must be shown that unfair advantage has
  been taken of another person
             Beneficiaries
 Persons who inherit property under a will
 The property of a deceased person is known
  as their estate
Estate
 The aggregate of all the property to which a
  person is beneficially entitled.
 It covers not only tangible property, but also
  debts, and any rights capable of being
  reduced to a monetary value
Revocation and alteration of wills
 A will can be revoked or altered in the
  following ways:
 1. By making a new will that makes it clear
  that the previous will(s) are revoked
 2. By destruction of the previous will
 3. By marriage or divorce
 4. By amendment (an attached codicil)
Challenging of a will
 A will may be challenged on the grounds
  that:
 it was not properly executed
 the testator lacked testamentary capacity
 it has been revoked
 it was fraudulent
 undue influence
                Intestacy
 The state in which a person dies without
  having made a will disposing of all his
  property
 To die intestate
Intestacy
 In that case, the person’s property is
  distributed in accordance with the intestacy
  rules
 The order of priority reflects the importance
  accorded to familial relationships: the
  surviving spouse is given the larger share of
  the estate
                  Probate
 The official document which confirms that
  the will is valid and states who the
  executors are
 Generally, the term probate is used to refer
  to the various laws and courts which deal
  with wills, intestacy, inheritance and
  disputes over estates
    Freedom of disposition vs. forced
               heirship
 Freedom of disposition – common law
  countries
 Forced heir(ship) – civil law countries – a
  person whom the testator or donor cannot
  disinherit because the law reserves part of
  the estate for that person
Legal terms
   Testator
   Oporučitelj
   Executor
   Izvršitelj oporuke
   Beneficiary
   Oporučni nasljednik
   Heir
   Zakonski nasljednik
Legal terms
 Legator
 oporučitelj
 Legatee
 Oporučni nasljednik
 Pecuniary legatee
 Nasljednik koji nasljeđuje gotovinu
Legal terms
 Testamentary capacity
 Oporučna sposobnost
 Testamentary disposition
 Oporučno raspolaganje
Legal terms
 Estate
 Ostavinska masa, imovina umrle osobe,
  ostavina
 Bequest
 A gift by will of property other than land
Legal terms
 Assets
 All real and personal property that forms
  part of the deceased’s estate and is available
  for the payment of the deceased’s debts;
  property which can be turned into cash
 Imovina; ostavina; aktiva
Legal terms
 Legacy
 A gift of personal property by will;
  oporučni dar
 Pecuniary legacy
 Novčano nasljedstvo
 Reversion
 Vraćanje (prava, posjeda); prijenos ostavine
Legal terms
 Probate
 Ovjerena oporuka, sudska ovjera oporuke,
  ovjereni prijepis pravovaljane oporuke
 Probate proceeding
 Ostavinski postupak, ostavinska rasprava
Legal terms

 Probate action
 Ostavinska tužba
Legal terms
 Execution of will
 Izvršenje oporuke
 Revocation of will
 Opoziv oporuke
 Revoke a will
 Opozvati oporuku
Legal terms
 Intestacy
 Nepostojanje oporuke
 To die intestate
 Umrijeti bez oporuke
 Intestate heir
 Zakonski nasljednik

				
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