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Joint Will
Joint wills and mutual wills are closely related terms used in the law of wills to describe two types of testamentary writing that may be executed by a married couple to ensure that their property is disposed of identically. Neither should be confused with mirror wills which means two separate, identical wills, which may or may not also be mutual wills. Joint wills A joint will is a single document executed by more than one person (typically between spouses), making which has effect in relation to each signatory's property upon death (unless the will is revoked (cancels) the will during the signatory's lifetime). Although a single document, the joint will is a separate distribution of property by each executor (signatory) and will be treated as such on admission to probate. Mutual wills are any two (or more) wills which are mutually binding, such that following the first death the survivor is constrained in the ability to dispose of the property by the agreement the survivor made ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Will (law)
A will and testament is a legal document that expresses a person's (testator) wishes as to how their property ( estate) is to be distributed after their death and as to which person ( executor) is to manage the property until its final distribution. For the distribution (devolution) of property not determined by a will, see inheritance and intestacy. Though it has been thought a "will" historically applied only to real property, while "testament" applied only to personal property (thus giving rise to the popular title of the document as "last will and testament"), records show the terms have been used interchangeably. Thus, the word "will" validly applies to both personal and real property. A will may also create a testamentary trust that is effective only after the death of the testator. History Throughout most of the world, the disposition of a dead person's estate has been a matter of social custom. According to Plutarch, the written will was invented by Solon. Originally ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Probate
In common law jurisdictions, 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, in the absence of a legal will, the estate is settled according to the laws of intestacy that apply in the jurisdiction where the deceased resided at the time of their death. The granting of probate is the first step in the legal process of administering the 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Will Contract
A will contract is a term used in the law of wills describing a contract to exchange a current performance for a future bequest. In such an agreement, one party (the promisee) will provide some performance in exchange for a promise by the other party (the testator, because they must draft a will) to make a specific bequest to the promisee party in the testator's will. Most jurisdictions recognize such contracts as valid, although a few hold them as void against public policy. Some jurisdictions will not recognize an oral contract An oral contract is a contract, the terms of which have been agreed by spoken communication. This is in contrast to a written contract, where the contract is a written document. There may be written, or other physical evidence, of an oral contrac ... for such a purpose, requiring instead that the contract be executed in writing and signed by both parties. Some jurisdictions require full compliance with the Statute of Wills to be effective, i.e., in wr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constructive Trust
In trust law, a constructive trust is an equitable remedy imposed by a court to benefit a party that has been wrongfully deprived of its rights due to either a person obtaining or holding a legal property right which they should not possess due to unjust enrichment or interference, or due to a breach of fiduciary duty, which is intercausative with unjust enrichment and/or property interference. It is a type of implied trust (''i.e.'', it is created by conduct, not explicitly by a settlor). In the United States (in contrast to England), a constructive trust remedy generally does not recognize or create any continuing fiduciary relationship — that is, a constructive trust is not actually a trust except in name. Rather, it is a fiction declaring that the plaintiff has equitable title to the property at issue, and ordering the defendant to transfer legal ownership and possession to the plaintiff. For instance, in some states the slayer rule is implemented in the form of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Inter Vivos
( Law Latin, ''between the living'') is a legal term referring to a transfer or gift made during one's lifetime, as opposed to a testamentary transfer that takes effect on the death of the giver. The term is often used to describe a trust established during one's lifetime, i.e., an ''inter vivos'' trust as opposed to a testamentary trust that is established on one's death, usually as part of a will. An trust, by definition, includes both revocable and irrevocable trusts. Other meaning The term ''inter vivos'' is also used to describe living organ donation Organ donation is the process when a person authorizes an organ (anatomy), organ of their own to be removed and organ transplantation, transplanted to another person, #Legislation and global perspectives, legally, either by consent while the d ..., in which one patient donates an organ to another while both are alive. Generally, the organs transplanted are either non-vital organs such as corneas or redundant vita ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Secret Trust
A secret trust is a trust which arises when property is left to a person (the legatee) under a will on the understanding that they will hold the property as trustee for the benefit of beneficiaries who are not named in the will. Secret trusts are divided into two types: *''Fully secret trusts'', where the will is totally silent as to the existence of a trust; and *''Semi secret trusts'' or ''half secret trusts'', where the will provides that the legatee is to hold the property on trusts, but does not specify the terms of the trust or the beneficiary. Secret trusts are something of a historical anachronism. They arose because in most common law jurisdictions, wills are public documents after they have been admitted to probate, and where the testator wishes to leave a legacy to (for example) a mistress or an illegitimate child without causing pain or embarrassment to his family, he could devise the property to a trusted person to avoid the name of the mistress or illegitimate child ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Estoppel
Estoppel is a judicial device whereby a court may prevent or "estop" a person from making assertions or from going back on their word. The person barred from doing so is said to be "estopped". Estoppel may prevent someone from bringing a particular claim. In common law legal systems, the legal doctrine of estoppel is based in both common law and equity. Estoppel is also a concept in international law. Types of estoppel There are many different types of estoppel, but the common thread between them is that a person is restrained from asserting a particular position in law where it would be inequitable to do so. By way of illustration: * If a landlord promises a tenant that he will not exercise his right to terminate a lease, and relying upon that promise the tenant spends money improving the premises, the doctrine of ''promissory estoppel'' may prevent the landlord from exercising a right to terminate, even though his promise might not otherwise have been legally binding as a co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Re Hagger
Re or RE may refer to: Arts, media and entertainment * '' ...Re'', a 2016 Indian Kannada-language film * ''Realencyclopädie der classischen Altertumswissenschaft'', a German encyclopedia of classical scholarship * ''Resident Evil'', a horror game franchise Music * Re, the second syllable of the scale in solfège ** D (musical note) or Re, the second note of the musical scale in ''fixed do'' solfège * Re: (band), a musical duo based in Canada and the US Albums * ''Re'' (Café Tacuba album) * ''Re'' (Les Rita Mitsouko album) * '' Re.'', by Aya Ueto * ''Re:'' (EP), by Kard Language * ''re'' (interjection), in Greek * Re (kana) (れ and レ), Japanese syllables * ''In re'', Latin for 'in the matter of...' ** RE: and Re:, a standard email subject line prefix Organisations * Renew Europe, a political group in the European Parliament * Renovación Española, a former Spanish monarchist political party * Royal Engineers, a part of the British Army * Royal Society of Painter-Pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Edward Nugee
Edward George "Ted" Nugee (9 August 1928 – 30 December 2014) was an English barrister. Nugee was described in his London '' Times'' obituary as "one of the pre-eminent Chancery barristers of his generation". He was involved in number of significant cases on tax and pensions, as well as being a regularly published correspondent in letters to the editor of ''The Times''. Early life, education and military service Born in 1928 at Godalming, Surrey, he was the eldest son of Brigadier George Nugee CBE, DSO, MC, and his wife, Violet Mary ''née'' Richards. Nugee attended Brambletye School in East Grinstead and Radley College in Oxfordshire, from where he won a scholarship to Worcester College, Oxford, to read Classics. Before going up to Oxford University he spent two years on National Service as a gunner in the Royal Artillery, and served in Singapore during the Malayan Emergency. Upon his return to Oxford, Nugee reportedly realised that he had not seen a Latin or Greek text fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Estoppel
Estoppel is a judicial device whereby a court may prevent or "estop" a person from making assertions or from going back on their word. The person barred from doing so is said to be "estopped". Estoppel may prevent someone from bringing a particular claim. In common law legal systems, the legal doctrine of estoppel is based in both common law and equity. Estoppel is also a concept in international law. Types of estoppel There are many different types of estoppel, but the common thread between them is that a person is restrained from asserting a particular position in law where it would be inequitable to do so. By way of illustration: * If a landlord promises a tenant that he will not exercise his right to terminate a lease, and relying upon that promise the tenant spends money improving the premises, the doctrine of ''promissory estoppel'' may prevent the landlord from exercising a right to terminate, even though his promise might not otherwise have been legally binding as a co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ottaway V Norman
Ottaway is a surname. People with that name include: * Cuthbert Ottaway (1850–1878), the first captain of the England football team * Hugh Ottaway (born 1925), prominent British writer on concert music * James Ottaway (1908–1999), British film, television and stage actor * John Ottaway (born 1955), English international lawn bowler *Richard Ottaway Sir Richard Geoffrey James Ottaway (born 24 May 1945) is a British Conservative Party politician and consultant. He was the Member of Parliament for Croydon South from 1992 to 2015. Ottaway also served as the MP for Nottingham North from 198 ... (born 1945), British Conservative politician, and Member of Parliament for Croydon South * Scott Ottaway (born 1972), English drummer and percussionist See also * Ottaway News Service * Ottoway (other) * Otway (surname) * {{surname ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Trust Law
English trust law concerns the protection of assets, usually when they are held by one party for another's benefit. Trust law, Trusts were a creation of the English law of English property law, property and English contract law, obligations, and share a subsequent history with countries across the Commonwealth of Nations, Commonwealth and the United States. Trusts developed when claimants in property disputes were dissatisfied with the common law courts and petitioned the King for a just and equitable result. On the King's behalf, the Lord Chancellor developed a parallel justice system in the Court of Chancery, commonly referred as Equity (law), equity. Historically, trusts have mostly been used where people have left money in a Will (law), will, or created family settlements, Charities in English law, charities, or some types of business venture. After the Judicature Act 1873, England's courts of equity and common law were merged, and equitable principles took precedence. Today ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
