StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

LLB UNIT 10 SUCCESSION - Essay Example

Comments (0) Cite this document
Summary
(a) Mrs Muriel Mould died suddenly aged 71 without leaving a will. She had been a widow for 20 years. She left two sisters Isabel and Clara who were both older than her and two sons - Henry aged 45 and Len aged 42. Her only daughter Susan died last year aged 39 after a long illness…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER95.8% of users find it useful
LLB UNIT 10 SUCCESSION
Read TextPreview

Extract of sample "LLB UNIT 10 SUCCESSION"

Download file to see previous pages Henry and Len call in to see you and ask the following questions:-
Having died without leaving a will or without having made a valid will, Mrs Mould will be considered to have died intestate and therefore the rules of intestacy governed by the Administration of Estates Act 1925 (as amended) and the Intestates Act, 1952 (and various other amendments contained in the Family Provision Act, 1966, The Family Law Reform Act, 1969 and The Family Provision (Intestate Succession) Order, 1972) apply to her estate, which is worth approximately 238,000.
By not leaving a will any wishes Mrs Mould had for the allocation of her estate to friends, relatives and other beneficiaries will be ignored. How the estate will be allocated depends on the value of the estate and the deceased's family circumstances. The law in this area is concerned with bloodlines, rather than merit, or the verbally expressed will of the intestate. Not only does it recognise human improvidence, but also that calamities and unfairness occurs within human affairs. It sets out to ensure that there is no discrimination on personal whim. It is not concerned with blame. Due to the increasing complexity of family trees, this area can become ripe for litigation. However, Mrs Mould could be described as being from a 'once-normal nuclear family' where the bloodlines are easily ascertained.
If there is both a spouse and children then all personal poss...
2. Surviving children (referred to as 'issue').
3. Surviving parents.
4. Surviving brothers and sisters of whole blood ie having the same biological parents.
5. Surviving relations of a lesser degree.
In the event that the surviving spouse is the only living relative of the deceased (ie no parents or siblings of whole blood), then the estate passes absolutely to that spouse.
If there is both a spouse and children then all personal possessions (except business property) and the first 125,000 goes to the remaining spouse free of death duty (inheritance tax) and costs absolutely, with (if possible) interest. The remaining spouse is also entitled to a life interest in half of the residue which is to be invested in a trust from which the spouse will receive income during his/her lifetime. The remaining property then goes to the children via 'statutory trusts'.
The definition of 'Statutory trusts' can be found in s.47 Administration of Estates Act 1925. The deceased's property will be held in equal shares for all 'living' (including unborn) children of the estate. On the death of the remaining spouse the children automatically inherit the remaining capital once they reach their majority, ie under current UK law, the child either attains the age of eighteen and/or marries before that age.
If there are children but no spouse the estate is shared equally among the children via a statutory trust. Importantly, the child or children of any deceased child (ie grandchildren) will get the share of their deceased parent and if more than one, in equal shares.
Where the only remaining relatives are the spouse and whole blood relatives as described above, then the spouse inherits all personal chattels, the first 200,000 plus a life-interest in half of the ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“LLB UNIT 10 SUCCESSION Essay Example | Topics and Well Written Essays - 1500 words”, n.d.)
LLB UNIT 10 SUCCESSION Essay Example | Topics and Well Written Essays - 1500 words. Retrieved from https://studentshare.org/miscellaneous/1502368-llb-unit-10-succession
(LLB UNIT 10 SUCCESSION Essay Example | Topics and Well Written Essays - 1500 Words)
LLB UNIT 10 SUCCESSION Essay Example | Topics and Well Written Essays - 1500 Words. https://studentshare.org/miscellaneous/1502368-llb-unit-10-succession.
“LLB UNIT 10 SUCCESSION Essay Example | Topics and Well Written Essays - 1500 Words”, n.d. https://studentshare.org/miscellaneous/1502368-llb-unit-10-succession.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF LLB UNIT 10 SUCCESSION

Law 2105 TORT LLB

...? Law 2105 TORT LLB Circumstances in which a failure to take action may result in a claim in negligence Introduction A tort refersto a civil wrong, one that a remedy, in terms of compensation, is usually available to the person who has been wronged in a civil court1. Usually, there are duties owed to people in different circumstances, and for wrongful or negligent actions, there is liability imposed by law. The key function of the Law of Torts is to offer remedies to those claimants who have suffered loss, infringements of rights or harm, which may include physical injury to property or persons, damage to financial interests and reputations of persons, and interference with a person’s enjoyment and use of their property such as land...
5 Pages(1250 words)Essay

LLB - CONTRACT LAW

...156022 (b) Over dinner at Peter's house, John admires a pair of candlesticks. Peter, in conversation, says that they have been in the family for a hundred years and that they are Georgian. A few days later, John offers to buy the candlesticks for 7,000 and Peter accepts. Six months later, John discovers that they are Victorian and worth only 1,000. Advise John of any remedies against Peter. This is a matter of misrepresentation. False statement by the seller of goods allows for a remedy of rescission and sometimes even damages depending on the extent of distress or loss the misrepresentation that was caused to the buyer and here it was a unilateral mistake of John for having believed Peter's words that the candle sticks were... (b) Over...
2 Pages(500 words)Essay

Ecosystem Succession

...Ecosystem Succession "Ecological succession is defined as a continuous, unidirectional, sequential change in the species composition of a natural community." (Mackenzie, Ball and Virdee 2001) This sequence is known as a "sere" and it ends in climax community. Let us take an example of an old field, which has been abandoned. The succession progress is shown below. Annual weeds Herbaceous Perennials Shrubs Early Successional trees Late Successional trees The whole process is a "sere". And each successional stage is a "seral stage". Seral stages may be a few years or a few hundred years in length depending on type of stage and environment conditions. The final or equilibrium stage is known as "climax...
3 Pages(750 words)Essay

Law of Succession

There are also those who assert that the children of an estate owner or a holder of property are deemed ‘inferior’ under the British law as compared to the children, aptly given definite rights on inheritance, in other economically advanced countries around Europe. Thus, there seems to be a prevailing concept that the existing statute is unsuccessful in protecting the interests of children of the deceased testator as the law fails to adequately bestow the aforesaid children sufficient protection under the current statute (Thomas 2006). However, in order for us to prove or disprove this contention, it is imperative that the statute itself be evaluated and current and previous cases, which invoke the particular law, be appropriately...
10 Pages(2500 words)Essay

LLB - UNIT 3 TORT 1

Concept of Damnum and Injuria in relation to tortuous liability: Introduction: The law of torts is developed to protect interest of persons from tortuous act or civil injury. Legal rights are derived from protected interest. Such legal rights are classified into absolute and qualified rights. To establish a tort or civil injury three elements that to be proved are a) Wrongful act1 committed by a person; b) the wrongful act must give rise to legal damage or actual damage2 and c) The wrongful act must further give rise to legal remedy in the form of damages3 . When absolute right of a person is violated the law conclusively presumes damage, whether there is any pecuniary loss or not and such damage is known as legal damage. Violatio...
2 Pages(500 words)Essay

Unit 9&10

To examine the issue of morality in environmental situations, one faces the concept of rights and duties made famous by Immanuel Kant. According to Gilbert (2000), this approach is better explained, to wit: “the basic position here is that individuals have rights, either as humans, as citizens of a given country or state, or as occupants of a particular position. These right rights confer duties on others, and the morality of a given decision or act can be determined by an analysis of these rights and duties.” The rights of the concerned citizens of Florida remain the protection and preservation of Florida’s coastline to be regarded as a legacy to this nation’s children. It is a responsibility to preserve botanical and biological...
5 Pages(1250 words)Essay

Unit 10

...UNIT 10 REFLECTION Unit 10 Reflection Word Count: 283 page) What have you learned from your discussions and collaborations with your fellow students? 
In what specific ways can you use the knowledge you’ve gained in this course in your chosen profession? What are your strengths and opportunities for growth in this area? 
What questions or concerns do you have about what you have studied? 
What areas of the subject would you like to continue to explore, and why? Learning from my classmates, using classroom information to inform my chosen profession, strengths and opportunities to grow, questions and concerns I have studied, and specific subject areas I would like to explore are all included in this piece. What I’ve learned from discussions...
1 Pages(250 words)Essay

Unit 10

... In sociology and psychology identity can be said to be an individual’s expression and conception of usually their own (self-identity) as well as other peoples’ individuality or group associations such as cultural identity as well as national identity. Perspectives on identity are quite different from each other and based on the provided essays it is possible to change people’s perceptions of certain identities. Basketball ball players are for instance known to be males all the time. Men players making millions whereas women sit on the periphery scheming on how to get hold of some of the millions through their sexuality and sex. It is also possible for women to make it to the professional level of the game thus breaking... In sociology and...
2 Pages(500 words)Essay

Sam 489 unit 10

...Funding of Emergencies Chapter 10: The Future of Emergency Management Emergency cases normally arise when the response teams are unaware, which requires readiness to alleviate such occurrences. In this regard, all phases of emergency should be given equal weight in terms of resources for disaster preparedness programs. This implies that the Federal government needs to offer funding for response and recovery efforts in areas where people face the risks of calamities (Haddow, Bullock & Coppola, 2011). Such efforts should take place in major disasters that overwhelm local and state resources. For instance, the voluntary agencies and NGOs offer funding and programming in recovery and this should be properly harmonized to facilitate its...
1 Pages(250 words)Assignment

Insolvency of the Law Problem: Law of Succession

...Law of Succession Ans 1) The designated executors of Richard’s will are his daughters Michelle and Sandra. However in this case, both the executors are also dead. When a deceased dies, if no appointed executor exists, then the next of kin will be sought out to administer the trust. In this case, Richard has specifically stated “I appoint my daughters as the executors of my will.” The question that will arise in this regard is whether Julian (Julie) will also be considered as a “daughter” in view of the Gender Recognition Act of 20041 and the fact that Juliam possesses a Gender recognition certificate which recognizes him officially as a female and therefore technically a daughter of Richard? Moreover, Julian will also qualify as the next...
10 Pages(2500 words)Assignment

LLB Civil Obligations: Exclusion Clauses

Starting first with Hacker rights under the Sale of Goods Act 1979 there is an implied condition inserted into s14 of this Act which states that the goods sold shall be of satisfactory quality and fit for a particular purpose. This implied condition cannot be invalidated by an exclusion clause in a contract and the client is entitled to expect the item to be fit for the purpose intended and of satisfactory quality. If such goods are deemed to be of unsatisfactory quality the buyer has the right to reject the goods3. There are certain occasions where the right to rescind for breach of condition does not apply4. This restriction would apply where the buyer is not dealing as a consumer and where he would be entitled to reject by reas...
8 Pages(2000 words)Case Study

Law of Succession

When looking at the destruction of the will s20 requires that the ‘burning, tearing or otherwise destroying’ of the will must be done by the testator or ‘by some person in his presence and by his direction’ with the intention of revoking the will.
For the revocation to be complete the testator must destroy the whole will. Any parts that remain intact can be submitted for probate and may be enforceable. However, in the case of Re Adams (Deceased), 1 where the testator had obliterated the signatures on the will so effectively by overscoring with a pen the courts applied s21 of the Wills Act stating that although the signatures had not been physically removed2 from the will they had been so effectively o...
8 Pages(2000 words)Case Study

The Law of Succession

Testamentary freedom allows the testator the freedom to prescribe the disposal a property as s/he sees fit, allowing scope for provision to be made to those the testator considers fit who may not necessarily be members of his family who would otherwise be entitled to receive shares in the proceeds of his/her estate.

According to Beckert, some of the aspects of the relationship between the testator’s individual right to dispose of her/his property as s/he sees fit as pitted against the family of the testator and society is inherent in the development of the law itself3. For instance, in earlier years, there was no right of inheritance per se because the family was viewed as a stable economic unit, which was immort...
12 Pages(3000 words)Case Study

The Issues Involved in Succession Planning

... or grooming for handling things at the highest level begins. Most family owned businesses lack in this professionally oriented grooming and training due to inherent complacencies of an assured future, which sometimes leads to complications due to personal rather than a proficient outlook. In extreme cases, this has even resulted in splitting up of large businesses into smaller units due to family feuds, sibling rivalries, and mutual disagreements over leadership and ownership aspects. In honest opinion of this author, such unpleasant dissections and associated negative publicities could have been avoided simply through proper succession grooming. Sadly, the lessons are never learnt and succession training to develop right competencies has...
7 Pages(1750 words)Research Proposal

Organizational Behavior Weekly Articles from wither Newspaper, Internet, TV (Starting Oct. 3-Dec. 5, *10 Weeks, 10 Articles)

... words, poor organizational behaviour is pushing clients out the door.” (Mayhew, 2011). To correct this situation, the author recommends organizations to conduct surveys of both the exiting and old clients, and based on the results, train the employees accordingly. Oct 3-10: More Information Makes You More Confident, If Not More Accurate By Art Markman This article discusses how information given during the decision making process, will make the decision maker more confident, but not more accurate. This article interested me because it focuses on how the key aspects of confidence and information could play a major role in the decision making processes in an organization. Importantly, the article also provides insights about how decision...
7 Pages(1750 words)Coursework

A report for Woolworths:The global economic, political, social and environmental opportunities and risks facing the company in the next 10 years

...The Global Social and Environmental Opportunities and Risks Facing Woolworths Supermarkets in the Next 10 Years Task The Global Social and Environmental Opportunities and Risks Facing Woolworths Supermarkets in the Next 10 Years Woolworths is one of the largest retail supermarkets in Australia (Surhone, Tennoe & Henssow 2010). Being such a large-scale retailer exposes it to a glut of corporate social responsibilities, social, environmental opportunities, and risks. Being consumer-facing serving lots of clients, and with products that are household brands and with numerous suppliers mean Woolworths has wide-ranging potential issues to address. On a global front, Woolworths needs to keep identifying risks and prospects that keep emerging...
7 Pages(1750 words)Essay

Succession Plan for Executive Director

However, the loss fails to lessen the importance of an organization having a succession plan. In fact, the departure presents an opportunity for any organization to assess its current position in the non-profit industry in which it operates. The positioning is determined through activities such as a SWOT analysis (Sasser). A major undertaking like a SWOT review, including what Ibarra calls a gap analysis (Ibarra) of competencies, can reveal how well the CCC is doing, where its shortcomings exist, its opportunities lie and any threats it faces as it strives to continue to execute its functions in the midst of a sudden, or even planned, leadership change. Unfortunately, a cost associated with conducting a SWOT or gap analysis is req...
9 Pages(2250 words)Case Study

Write a term paper on a Historical Biography. write a review of no more than ten (10) typewritten pages and compare it to at least three other sources on the subject (i.e Books, articles etc.). I chose to do my term paper on the book Spinoza: a life, by a

... debate on the person’s role in history. Baruch de Spinosa was fitted against Descartes as the greatest philosopher of all time. Both philosophers were popular within the free Netherlands philosophical community. Some people insist that Baruch de Spinosa, being the first Philosopher, should be crowned the greatest philosopher of all time. Baruch de Spinosa’s Ethic work questions the providence of God. The book was published after Baruch de Spinosa’ death 10. Main theses. The main thesis of the book is that Baruch de Spinosa is a heretic. Another thesis of the book is that Baruch de Spinosa is one of the best philosophers of all time. The book brings out several of Baruch de Spinosa’s concepts that contradict the established religious...
10 Pages(2500 words)Research Paper

Crime Strategies Unit

A’s office has always been that through fair and just administration enhancement of public safety can be achieved. Established on the philosophy that “A prosecutor’s office is to ensure justice and safety” It is from this that the Crime Strategies Unit (CSU) was created by D. A Vance in 2010 so as to target priority offenders and address crime issues by utilizing the collective resources of the D. A’s office, thus, developing and being able to implement strategies in an intelligence-driven prosecution (Manhattanda.org 2014).
The goal of the Crime Strategies Unit is to be able to foresee a crime before it happens and prevent it rather than after an arrest where D. A’s office prosecutes cases...
7 Pages(1750 words)Assignment
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic LLB UNIT 10 SUCCESSION for FREE!

Contact Us