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Family Provision
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Book Synopsis Intestacy and family provision claims on death by : Great Britain: Law Commission
Download or read book Intestacy and family provision claims on death written by Great Britain: Law Commission and published by The Stationery Office. This book was released on 2011-12-14 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report makes recommendations for reform of the law and presents two draft Bills to implement the necessary changes. Firstly, The draft Inheritance and Trustees' Powers Bill includes reforms that would: ensure that where a couple are married or in a civil partnership, assets pass on intestacy to the surviving spouse in all cases where there are no children or other descendants; simplify the sharing of assets on intestacy where the deceased was survived by a spouse and children or other descendants; protect children who suffer the death of a parent from the risk of losing an inheritance from that parent in the event that they are adopted after the death; amend the legal rules which currently disadvantage unmarried fathers when a child dies intestate; remove arbitrary obstacles to family provision claims by dependants of the deceased and anyone treated by the deceased as a child of his or her family outside the context of a marriage or civil partnership; permit a claim for family provision in certain circumstances where the deceased died "domiciled" outside of England and Wales but left property and family members or dependants here; and reform trustees' statutory powers to use income and capital for the benefit of trust beneficiaries (subject to any express provisions in the trust instrument). Secondly, The draft Inheritance (Cohabitants) Bill contains further provisions that would give certain unmarried partners who have lived together for five years the right to inherit on each other's death under the intestacy rules. Where the couple have a child together, this entitlement would accrue after two years' cohabitation, provided the child was living with the couple when the deceased died.
Book Synopsis Australian Family Provision Law by : Leonie Englefield
Download or read book Australian Family Provision Law written by Leonie Englefield and published by Lawbook Company. This book was released on 2011-01-01 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Australian Family Provision Law is a current and fresh analysis of family provision law around Australia. It deals with one of the most highly litigated areas of succession law, one which continues to be characterised by state differences, despite the movement towards uniformity.
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author :International Academy of Estate and Trust Law. Annual Conference Publisher :Kluwer Law International B.V. ISBN 13 :9041123784 Total Pages :310 pages Book Rating :4.0/5 (411 download)
Book Synopsis Families and Estates by : International Academy of Estate and Trust Law. Annual Conference
Download or read book Families and Estates written by International Academy of Estate and Trust Law. Annual Conference and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses upon two themes: the definition of 'family' and the impact of the expansion of the concept of 'family' in law: and family fights over wills and estates - what recourse family members may have in challenging an estate. The first part, `The challenge of the "new family" for Law', considers the challenge both in the inter vivos and the postmortem contexts in the United States, Canada, France, the United Kingdom, Australia and New Zealand. A particular focus is upon the dramatic expansion of the definition of family from the traditional nuclear family consisting of a husband, wife and their mutual children to a definition that includes unmarried heterosexual and same sex couples living together and, in some jurisdictions to new kinds of companionate partnerships that are not based on a sexual relationship. In some jurisdictions such developments are simply an expression of sharing responsibility by allocating it in the private domain, as opposed to the public potentially through social welfare; in others, particularly in the United States, it is a defence of fundamental institutions and, with it, a defence of society itself. The second part, 'Family fights over wills and estates', examines the law in Australia, Switzerland, France, Mexico, and the United Kingdom. Its comparison of civil and common law approaches shows how the law expresses the same principle objects - protection of family and obligations towards key family members - but does so from entirely different perspectives; and where the common law which enshrined the notion of testamentary freedom is being qualified through the expanding domain of family provision legislation, the civil law which is based on codified shares and allocated responsibilities expressed through proportionate entitlements in estates, is being qualified through a range of disqualifying and varying mechanisms.
Book Synopsis Family Provision After Death by : Anthony Dickey
Download or read book Family Provision After Death written by Anthony Dickey and published by Lawbook Company. This book was released on 1992 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: An up-to-date review of the law covering the rights of certain family members to receive provision from a deceased's estate. It outlines the law; explains who is eligible to apply for maintenance from an estate, and what property is covered by the law; and discusses the power of the court to order family provision. Includes tables of cases and statutes and appendices containing classified cases reported since 1970, and a discussion of conflictual aspects of the law of family provision. Indexed.
Author :Rosalind F. Atherton Publisher :Victorian Attorney-General's Law Reform Advisory ISBN 13 : Total Pages :204 pages Book Rating :4.F/5 ( download)
Book Synopsis Family Provision by : Rosalind F. Atherton
Download or read book Family Provision written by Rosalind F. Atherton and published by Victorian Attorney-General's Law Reform Advisory. This book was released on 1997 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Claiming a Promised Inheritance by : Alexandra Braun
Download or read book Claiming a Promised Inheritance written by Alexandra Braun and published by Oxford University Press. This book was released on 2022-09-08 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: Renowned scholar of comparative private law Alexandra Braun examines the law of testamentary promises, details what happens when these promises are broken, and compares how and when the interests of beneficiaries of testamentary promises are protected across a number of legal systems.
Book Synopsis The Definitive Guide to Wills and Estates in New South Wales by : Michael Quinn
Download or read book The Definitive Guide to Wills and Estates in New South Wales written by Michael Quinn and published by The Quinn Group. This book was released on 2020-09-01 with total page 63 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wills and estates can be perhaps one of the most confusing and difficult areas to navigate, particularly after the loss of a loved one. The Quinn Group is here to help you with their definitive guide.
Book Synopsis Succession, Wills and Probate by : Caroline Sawyer
Download or read book Succession, Wills and Probate written by Caroline Sawyer and published by Routledge. This book was released on 2015-05-15 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: Succession, Wills and Probate is an ideal textbook for those taking an undergraduate course in this surprisingly vibrant subject, and also provides a clear and comprehensive introduction for professionals. Against an account of the main social and political themes of succession law, the book gives detailed explanations of core topics such as alternatives to wills and the making, altering and revocation of wills. It also explains personal representatives and how they should deal with a deceased person's estate and interpret and implement the will. Gifts may fail, estates may be insolvent or a person may die intestate, without a will at all. Increasingly relatives and others seek to challenge the will, for example on the grounds of the testator's capacity or under the law of family provision. This third edition is edited, updated and revised to take account of new legislation and case law across all the relevant issues, including a new final chapter dealing with the potentially contentious issues that are becoming more central to professional work in the field of succession.
Book Synopsis Informal Carers and Private Law by : Brian Sloan
Download or read book Informal Carers and Private Law written by Brian Sloan and published by Bloomsbury Publishing. This book was released on 2012-12-07 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every day, large numbers of altruistic individuals, in the absence of any legal duty, provide substantial and essential services for elderly and disabled people. In doing so, many such informal carers suffer financial and other disadvantages. This book considers the scope for a "private law" approach to rewarding, supporting or compensating carers, an increasingly vital topic in the context of an ageing population and the need for savings in public expenditure. Adopting a comparative approach, the book explores the recognition of the informal carer and his or her relationship with the care recipient within diverse fields of private law, from unjust enrichment to succession. Aspects of the analysis include the importance of a promise of a reward from the care recipient and the appropriate measure of any remedy. In considering the potential for expansion of a "private law" approach for carers, the book addresses the fundamental and controversial question of the price of altruism. Winner of the University of Cambridge's Yorke Prize 2014
Book Synopsis Spaces of Care by : Loraine Gelsthorpe
Download or read book Spaces of Care written by Loraine Gelsthorpe and published by Bloomsbury Publishing. This book was released on 2020-04-16 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The collection examines the ways in which the emerging interdisciplinary study of care provokes a reassessment of the connections and disjuncture between care and governance, ethics, and public, personal and professional identities. Evolving from a project coordinated by the Cambridge Socio-Legal Group, Spaces of Care brings together leading international scholars to articulate what we may consider to be a useful analytic of care. Lawyers, anthropologists, sociologists and criminologists reflect on specific aspects of conceptualising caring relations in 'spaces'. These spaces include: communities of care and abandonment; self-care and kinship care; spaces as 'gaps' in care; the meanings of marketised care; and the ways in which care is constructed and constrained in different ways in venues such as homes, prisons, workplaces and virtual spaces. Common themes include temporality (historical specificity) and the dynamics of care across time and place; subjectivity (including different experiences of care); the economies of care (including the commodification of care; public and private manifestations of care; privatised 'care'); disruptions of care (which generate vulnerabilities with regard to continuities of care); eligibility (those deemed to be deserving and undeserving of care); relationalities of care (collective and individual agency in caring relations, kinship care), and technologies and imaginaries of care (as in new notions of care forged by those in online virtual worlds such as Second Life).
Book Synopsis Casenote Legal Briefs for Wills, Trusts, and Estates Keyed to Sitkoff and Dukeminier by : Casenote Legal Briefs
Download or read book Casenote Legal Briefs for Wills, Trusts, and Estates Keyed to Sitkoff and Dukeminier written by Casenote Legal Briefs and published by Aspen Publishing. This book was released on 2017-08-18 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: After your casebook, a Casenote Legal Brief is your most important reference source for the entire semester. Expert case studies and analyses and quicknote definitions of legal terms help you prepare for class discussion. Here is why you need Casenote Legal Briefs to help you understand cases in your most difficult courses: Each Casenote includes expert case summaries, which include the black letter law, facts, majority opinion, concurrences, and dissents, as well as analysis of the case. There is a Casenote for you! With dozens of Casenote Legal Briefs, you can find the Casenote to work with your assigned casebook and give you the extra understanding of all cases Casenotes in 1L subjects include a Quick Course Outline to help you understand the relationships between course topics.
Book Synopsis Landmark Cases in Succession Law by : Brian Sloan
Download or read book Landmark Cases in Succession Law written by Brian Sloan and published by Bloomsbury Publishing. This book was released on 2019-10-31 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Landmark Cases series highlights the historical antecedents of what are widely considered to be the leading cases in a discipline, and seeks to provide contexts in which to better understand how and why certain cases came to be regarded as the 'landmark' cases in any given field. Succession law's long pedigree, near-universal application, immense capacity for human interest stories, somewhat uncertain future in England and Wales, and close connection to demographics make it an ideal candidate for a Landmark Cases volume. The distinguished contributors to this collection consider cases ranging from 1720 to 2017, covering issues such as will-making and interpretation, the position of beneficiaries and personal representatives, testamentary promises, and the extent of testamentary freedom in England and Wales and beyond. The cases are relevant not only to scholars and students of succession law per se, but also those working in fields such as tax, trusts, tort and land law. They raise issues as diverse as class, colonialism, familial dynamics, expectations and obligations, mental health, and the proper roles of the legal profession and the welfare state. The collection will provoke much discussion on what makes a 'landmark' case, as well as on the peculiarities and limitations of the case law method.
Book Synopsis English Private Law by : Andrew Burrows
Download or read book English Private Law written by Andrew Burrows and published by . This book was released on 2013-08-08 with total page 1663 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique reference work covering the whole of English private law, this book provides a lucid, concise, and authoritative overview of all important areas of private law. Each section is written by an acknowledged expert who provides a clear distillation and analysis of the subject.
Book Synopsis Foucault and Family Relations by : Malcolm Voyce
Download or read book Foucault and Family Relations written by Malcolm Voyce and published by Rowman & Littlefield. This book was released on 2019-05-14 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foucault and Family Relations analyzes notions of property in rural Australia during the colonial period and how these conceptions maintained family stability. Using Foucault’s ideas on family, sexuality, race, space, and economics, Voyce outlines how inheritance and divorce law were established so that the state could rule from a distance.
Book Synopsis Politics, Policy and Private Law by : Jodi Gardner
Download or read book Politics, Policy and Private Law written by Jodi Gardner and published by Bloomsbury Publishing. This book was released on 2023-12-14 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a landmark and ambitious research project looking at private law through the policy prism undertaken by a team of acknowledged experts in their fields. The majority of existing literature diminishes the impact of policy in the development of legal principles, impeding a deeper understanding of it. Part of a two-part study, this first volume explores tort law, property law and equity. Both studies engage with modern challenges and technical developments that now inform private law, with chapters looking at the Grenfell disaster, compensation of medical injuries post COVID-19, the gig economy and co-ownership. They also explore traditional private law areas through a novel lens, such as psychological injury and the impact of fairness and/or equality obligations. They highlight the similarities and differences across many aspects of private law, allowing for a richer analysis across all the strands of private law.
Book Synopsis Clawback Law in the Context of Succession by : Jayne Holliday
Download or read book Clawback Law in the Context of Succession written by Jayne Holliday and published by Bloomsbury Publishing. This book was released on 2020-05-14 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a global solution for determining the law applicable to a claim to clawback an inter vivos gift from a third party within the context of a succession. The book aims to identify an appropriate and applicable legal framework which supports legal certainty for cross-border estate planning and protects the legitimate expectations of the relevant parties. This is an area of private international law that has yet to be handled satisfactorily – as can be seen by the inadequate treatment of clawback from third parties in the 1989 Hague Convention on the Law Applicable to Succession to the Estates of Deceased Persons, and the 2012 EU Succession Regulation.
