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Ultimus Haeres
''Ultimus haeres'' (Latin for ''ultimate heir'') is a concept in Scots law where if a person in Scotland who dies without leaving a will (i.e. intestate) and has no blood relative who can be easily traced, the estate is claimed by the King's and Lord Treasurer's Remembrancer on behalf of the Crown. It is one of two rights to ownerless property that the Crown possess, the others being bona vacantia. Because of ancient nature of the Crown's right, little academic or case law focuses on the application of ''ultimus haeres'' in Scots Law. However, the leading authoritative text in this area is A.G MacMillan, ''The Law of Bona Vacantia in Scotland''. (W. Green & Son, limited, 1936). In England & Wales, such matters are dealt with under ''bona vacantia''. In Scots law, bona vacantia relates to ownerless property alone, rather than property falling part of a deceased's estate with no living heirs. Operation of ''Ultimus Haeres'' Typically, where an individual dies without leaving a ...
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Scots Law
Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland law, it is one of the three legal systems of the United Kingdom.Stair, General Legal Concepts (Reissue), para. 4 (Online) Retrieved 2011-11-29 Early Scots law before the 12th century consisted of the different legal traditions of the various cultural groups who inhabited the country at the time, the Gaels in most of the country, with the Britons and Anglo-Saxons in some districts south of the Forth and with the Norse in the islands and north of the River Oykel. The introduction of feudalism from the 12th century and the expansion of the Kingdom of Scotland established the modern roots of Scots law, which was gradually influenced by other, especially Anglo-Norman and continental legal traditions. Although there was some indirect Roma ...
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Scotland
Scotland (, ) is a Countries of the United Kingdom, country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a Anglo-Scottish border, border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the north and west, the North Sea to the northeast and east, and the Irish Sea to the south. It also contains more than 790 Islands of Scotland, islands, principally in the archipelagos of the Hebrides and the Northern Isles. Most of the population, including the capital Edinburgh, is concentrated in the Central Belt—the plain between the Scottish Highlands and the Southern Uplands—in the Scottish Lowlands. Scotland is divided into 32 Subdivisions of Scotland, administrative subdivisions or local authorities, known as council areas. Glasgow, Glasgow City is the largest council area in terms of population, with Highland (council area), Highland being the largest in terms of area. Limi ...
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Intestate
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 ...
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King's And Lord Treasurer's Remembrancer
The King's and Lord Treasurer's Remembrancer is an officer in Scotland who represents the Crown's interests in ''bona vacantia'', '' ultimus haeres'' and treasure trove. The K<R holds two offices, both instituted at the foundation of the Court of Exchequer in 1707 and which were joined in 1836. The King's Remembrancer was the chief executive officer of the Exchequer under the Barons of Exchequer. The Lord Treasurer's Remembrancer's principal duty was the examination and audit of the criminal accounts for Scotland. In more recent history, this officer was the Treasury representative on various Scottish government boards and acted as Paymaster-General in Scotland. From 1835, the King's Rembrancer carried out the duties of the King's Almoner (which office had been suppressed in 1832), including the payment of annuities to those on the royal charity roll. From 1858 the office of K<R was held in conjunction with that of Registrar of Companies, Limited Partnerships and Busines ...
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Bona Vacantia
Unowned property includes tangible, physical things that are capable of being reduced to being property owned by a person but are not owned by anyone. ' (Latin for "ownerless goods") is a legal concept associated with the unowned property, which exists in various jurisdictions, with a consequently varying application, but with origins mostly in English law. Nearly every piece of land on the Earth is a property and has a maintainer (owner). The class of objects, "unowned things", are objects which are not yet property; either because it has been agreed by sovereign nations that no-one can own them, or because no person, or other entity, has made a claim of ownership. The most common unowned things are asteroids. The UN's Outer Space Treaty does not address the issue of private ownership of natural objects in space. All asteroids remain unowned things until some person or entity makes a claim of property right to one of them. In an experimental legal case of first impression, a law ...
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English Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of ''stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common ...
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Intestacy
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 on ...
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Crown Estate Scotland
Crown Estate Scotland ( gd, Oighreachd a' Chrùin Alba) is the public corporation of the Scottish Government responsible for the management of land and property in Scotland owned by the monarch 'in right of the Crown'. It devolved from the Crown Estate of the United Kingdom under the Scotland Act of 2016. It is responsible for a range of rural, coastal and marine assets across Scotland. The monarch remains the legal owner of these assets, but they do not form the private property of the monarch, and cannot be sold by the monarch. Surplus revenue (i.e. revenue profit) from Crown Estate Scotland does not belong to the monarch, but is paid to the Scottish Consolidated Fund which in turn finances the Scottish Government. Crown Estate Scotland's main income source is from leases on the property, which is mostly in sectors such as offshore renewables, farming, tourism and aquaculture. The corporation is one of the largest property managers in Scotland, managing assets worth £568.2& ...
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Crown Office And Procurator Fiscal Service
The Crown Office and Procurator Fiscal Service is the independent public prosecution service for Scotland, and is a Ministerial Department of the Scottish Government. The department is headed by His Majesty's Lord Advocate, who under the Scottish legal system is responsible for prosecution, along with the area procurators fiscal. In Scotland, virtually all prosecution of criminal offences is undertaken by the Crown. Private prosecutions are extremely rare. The Service's responsibilities extend to the whole of Scotland, and include: * Investigation and prosecution of criminal offences * Investigation of sudden or suspicious deaths * The investigation and prosecution of criminal conduct by the police * Assessment and possession of bona vacantia * Assessment and possession of treasure trove The Lord Advocate is assisted by the Solicitor General for Scotland, both Law Officers. The day-to-day running of the Service is done by the Crown Agent & Chief Executive and an ex ...
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Genetic Testing
Genetic testing, also known as DNA testing, is used to identify changes in DNA sequence or chromosome structure. Genetic testing can also include measuring the results of genetic changes, such as RNA analysis as an output of gene expression, or through biochemical analysis to measure specific protein output. In a medical setting, genetic testing can be used to diagnose or rule out suspected genetic disorders, predict risks for specific conditions, or gain information that can be used to customize medical treatments based on an individual's genetic makeup. Genetic testing can also be used to determine biological relatives, such as a child's biological parentage (genetic mother and father) through DNA paternity testing, or be used to broadly predict an individual's ancestry. Genetic testing of plants and animals can be used for similar reasons as in humans (e.g. to assess relatedness/ancestry or predict/diagnose genetic disorders), to gain information used for selective breedin ...
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Heir Hunters
''Heir Hunters'' is a BBC television programme focusing on attempts to find missing or unknown heirs, entitled to deceased people's estates before the British Treasury lawfully collects the money. The show follows the work of probate researchers from a number of different firms to show how the results of time-consuming research turned out. The main firms followed have been Fraser and Fraser, Celtic Research and Finders International. It was announced in 2011 that ''Heir Hunters'' would run in both BBC One daytime and in primetime television on BBC Two that autumn. The eleventh series was aired on BBC One from 27 February 2017. Description The series is made by Flame TV, which is part of the Avalon Group. The first series was presented by Nadia Sawalha, while all subsequent series are narrated by Lisa Faulkner up to series 11. Series 12 is presented by Michael Buerk. The programme combined the worlds of legal probate genealogy and family history for the first time attracting audie ...
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Latin Legal Terminology
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the Roman Republic it became the dominant language in the Italian region and subsequently throughout the Roman Empire. Even after the fall of Western Rome, Latin remained the common language of international communication, science, scholarship and academia in Europe until well into the 18th century, when other regional vernaculars (including its own descendants, the Romance languages) supplanted it in common academic and political usage, and it eventually became a dead language in the modern linguistic definition. Latin is a highly inflected language, with three distinct genders (masculine, feminine, and neuter), six or seven noun cases (nominative, accusative, genitive, dative, ablative, and vocative), five declensions, four verb conjug ...
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