English for Law 1_2_ by qingyunliuliu

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									      Lecturer: Miljen Matijašević
G10, room 6/I, Wed 11:30-12:30
   e-mail: miljen.matijasevic@zg.t-com.hr
          Session 7, 30 Nov 2010
1.   Revision of the previous session
     Vocabulary exercise

1.   Wills and Inheritance
Divorce
Complete the sentences with the above words
1. Persons between 16 and 18 need to obtain the ........ from
   a parent in order to get married.
2. A marriage between close blood relations is ........ for
   reasons of ........ .
3. If neither party ......... the divorce, i.e. disagree about the
   terms of the divorce, this is referred to as ......... divorce.
4. In order to obtain a divorce order, the ........ must prove
   that the marriage has broken down irretrievably.
5. Under a separation order, ........ of the spouses is no
   longer required, i.e. they do not have to live together.
6. In some jurisdictions a marriage can be ........ by mutual
   consent of the parties, without either party being at fault.
Complete the sentences with the above words
1. Persons between 16 and 18 need to obtain the CONSENT
   from a parent in order to get married.
2. A marriage between close blood relations is VOID for
   reasons of CONSANGUINITY.
3. If neither party CONTESTS the divorce, i.e. disagree about
   the terms of the divorce, this is referred to as
   UNCONTESTED divorce.
4. In order to obtain a divorce order, the PETITIONER must
   prove that the marriage has broken down irretrievably.
5. Under a separation order, COHABITATION of the spouses is
   no longer required, i.e. they do not have to live together.
6. In some jurisdictions a marriage can be DISSOLVED by
   mutual consent of the parties, without either party being
                      at fault.
1.   What was divorce law based on before 1969?
2.   Does English law protect marriage?
3.   What is judicial separation and why does the
     instutite exist?
4.   What are possible grounds for divorce in the UK
     today?
Unit 24
   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’ (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 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 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
   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
   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


    ◦ LEGACY/BEQUEST
      any other form of property (e.g. cars, pecuniary bequest)


    ◦ RESIDUE
      all that remains after all the debts have been paid
   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
   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
   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
    ◦ 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
   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   • estate
• testator                   • devise, legacy/bequest
• testamentary capacity      • pecuniary bequest
• of sound mind              • residue
• alteration (of a will)     • spouse
• to alter a will            • executor (of a will)
• revocation (of a will)     • administrator (of the estate)
• to revoke a will           • beneficiary (of the estate)
• codicil                    • probate
                             • family provision
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
1.   I APPOINT my wife Gladys Coke, and my solicitor, Thomas B. Macaulay,
     to be jointly the executors of this my will.
2.   I DEVISE my freehold cottage known as THE LILACS, at Tone Dale,
     Oxbridge, unto my son, Hugh Coke, in fee simple.
3.   I BEQUEATH the following specific legacies:
     1.   To my son, John Coke, any motor-car I may own at the date of my death.
     2.   To my daughter, Carolyn Coke, all my ordinary shares in the company known
          as Imperial Chemical Industries plc.
     3.   To my said wife all my personal chattels not hereby bequeathed for her
          absolute use and benefit.
4.   I BEQUEATH the following pecuniary legacies:
     1.   To my daughter Rosalyn Coke the sum of Three Thousand Pounds
     2.   To my daughter Elizabeth Coke the sum of Three Thousand Pounds
5.   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)
Thank you for your attention!

								
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