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Administration Of An Estate On Death
In common-law jurisdictions, administration of an estate on death arises if the deceased is legally intestate, meaning they did not leave a will, or some assets are not disposed of by their will. Where a person dies leaving a will appointing an executor, and that executor validly disposes of the property of the deceased within England and Wales, then the estate will go to probate. However, if no will is left, or the will is invalid or incomplete in some way, then administrators must be appointed. They perform a similar role to the executor of a will but, where there are no instructions in a will, the administrators must distribute the estate of the deceased according to the rules laid down by statute and the common trust. Certain property falls outside the estate for administration purposes, the most common example probably being houses jointly owned that pass by survivorship on the first death of a couple into the sole name of the survivor. Other examples include discre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Intestacy Rules
Intestacy is the condition of the estate of a person who dies without having in force a valid will or other binding declaration. Alternatively this may also apply where a will or declaration has been made, but only applies to part of the estate; the remaining estate forms the "intestate estate". Intestacy law, also referred to as the law of descent and distribution, refers to the body of law (statutory and case law) that determines who is entitled to the property from the estate under the rules of inheritance. History and the common law Intestacy has a limited application in those jurisdictions that follow civil law or Roman law because the concept of a will is itself less important; the doctrine of forced heirship automatically gives a deceased person's next-of-kin title to a large part (forced estate) of the estate's property by operation of law, beyond the power of the deceased person to defeat or exceed by testamentary gift. A forced share (or legitime) can often only be d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wills And Trusts
Wills may refer to: * Will (law), a legal document Places Australia * Wills, Queensland, a locality in the Shire of Boulia * Division of Wills, an Australian electoral division in Victoria United States * Wills Township, LaPorte County, Indiana * Wills Township, Guernsey County, Ohio * Wills, Wisconsin, an unincorporated community * Wills Creek (Ohio), a tributary of the Muskingum River * Wills Creek (North Branch Potomac River), in Pennsylvania and Maryland People * Wills (surname), a surname * William, Prince of Wales (born 1982), nicknamed "Wills" Other uses * Wills baronets, of Northmoor, a former title in the Peerage of the United Kingdom - see Baron Dulverton * Wills Hall, a student residence of the University of Bristol * Wills Navy Cut or simply Wills, a popular cigarette brand in India See also * Will (other) Will may refer to: Common meanings * Will and testament, instructions for the disposition of one's property after death * Will (philosophy), or willpo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Real Property Law
Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual property. Property can be exchanged through contract law, and if property is violated, one could sue under tort law to protect it. The concept, idea or philosophy of property underlies all property law. In some jurisdictions, historically all property was owned by the monarch and it devolved through feudal land tenure or other feudal systems of loyalty and fealty. History Though the Napoleonic code was among the first government acts of modern times to introduce the notion of absolute ownership into statute, protection of personal property rights was present in medieval Islamic law and jurisprudence, and in more feudalist forms in the common law courts of medieval and early modern England. Theory The word ''property'', in everyday usage, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Estate Planning
Estate planning is the process of anticipating and arranging, during a person's life, for the management and disposal of that person's estate during the person's life, in the event the person becomes incapacitated and after death. The planning includes the bequest of assets to heirs and may include minimizing gift, estate, generation skipping transfer, and taxes. Estate planning includes planning for incapacity as well as a process of reducing or eliminating uncertainties over the administration of a probate and maximizing the value of the estate by reducing taxes and other expenses. The ultimate goal of estate planning can only be determined by the specific goals of the estate owner and may be as simple or complex as the owner's wishes and needs directs. Guardians are often designated for minor children and beneficiaries in incapacity. Devices Estate planning involves the will, trusts, beneficiary designations, powers of appointment, property ownership (joint tenancy with rights ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Calendars Of The Grants Of Probate And Letters Of Administration
A calendar is a system of organizing days. This is done by giving names to periods of time, typically days, weeks, months and years. A date is the designation of a single and specific day within such a system. A calendar is also a physical record (often paper) of such a system. A calendar can also mean a list of planned events, such as a court calendar or a partly or fully chronological list of documents, such as a calendar of wills. Periods in a calendar (such as years and months) are usually, though not necessarily, synchronized with the cycle of the sun or the moon. The most common type of pre-modern calendar was the lunisolar calendar, a lunar calendar that occasionally adds one intercalary month to remain synchronized with the solar year over the long term. Etymology The term ''calendar'' is taken from , the term for the first day of the month in the Roman calendar, related to the verb 'to call out', referring to the "calling" of the new moon when it was first se ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Administration Of Estates Act 1925
The Administration of Estates Act 1925 is an Act passed in 1925 by the British Parliament that consolidated, reformed, and simplified the rules relating to the administration of estates in England and Wales. Principal reforms All authority that a personal representative had with respect to chattels real (such as fixtures) was extended to cover any matter dealing with real estate as well. With respect to the property of any estate (excepting entailed interests), there were abolished: :* all existing rules of descent (whether arising from the common law, custom, gavelkind, Borough English or otherwise) :* tenancy by the curtesy and any other estate a husband may have where his wife dies intestate :* dower, freebench and any other estate a wife may have where her husband dies intestate :* escheat to the Crown, the Duchy of Lancaster, the Duchy of Cornwall, or to a mesne lord The rules governing the distribution of intestate estates were replaced by a single statutory fram ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Americ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Probate
Probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased, or whereby the estate is settled according to the laws of intestacy in the state of residence of the deceased at time of death in the absence of a legal will. The granting of probate is the first step in the legal process of administering the estate (law), estate of a deceased person, resolving all claims and distributing the deceased person's property under a will. A probate court decides the legal validity of a testator's (deceased person's) will and grants its approval, also known as granting probate, to the executor. The probated will then becomes a legal instrument that may be enforced by the executor in the law courts if necessary. A probate also officially appoints the executor (or personal representative), generally named in the will, as having legal power to dispose of the testator's assets in the manner sp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Personal Representative
In common law jurisdictions, a personal representative or legal personal representative is a person appointed by a court to administer the estate of another person. If the estate being administered is that of a deceased person, the personal representative is either an executor if the deceased person left a will or an administrator of an intestate estate. In other situations, the personal representative may be a guardian or trustee, or other position. As a fiduciary, a personal representative has the duties of loyalty, candor or honesty, and good faith. In the United States, ''punctilio of honor'', or the highest standard of honor, is the level of scrupulousness that a fiduciary must abide by.''Meinhard v. Salmon'', 164 N.E. 545 (N.Y. 1928). In either case of a deceased estate, a probate court of competent jurisdiction issues a finding of fact, including that a will has or has not been filed, and that an executor or administrator has been appointed. These are often referred to as "l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Probate Research
Probate research deals with finding heirs and proving their right to an inheritance. In some estates there may be no known heirs, or there may be missing heirs whose names are known but their contact information is not. There also may 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 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 deceased, often starting with no more than a name and date of death and in some cases looking for r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stranger
A stranger is a person who is unknown to another person or group. Because of this unknown status, a stranger may be perceived as a threat until their identity and character can be ascertained. Different classes of strangers have been identified for social science purposes, and the tendency for strangers and foreigners to overlap has been examined. The presence of a stranger can throw an established social order into question, "because the stranger is neither friend nor enemy; and because he may be both". The distrust of strangers has led to the concept of stranger danger (and the expression "don't talk to strangers"), wherein excessive emphasis is given to teaching children to fear strangers despite the most common sources of abduction or abuse being people known to the child.Does 'stranger danger' go too far? - |
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