Wills, trusts, estates A residuary estate , in the law of will law wills , is any portion of the testator s estate that is not specifically devised to someone in the will, or any property that is part of such a specific devise that fails. http www.nolo.com definition.cfm Term DB9F6C78 01F8 4A95 8B7DC729C0CEE3D4 alpha R http definitions.uslegal.com w wills residuary estate It is also known as a residual estate or simply residue . The will may identify the taker of the residuary estate through a residuary clause or residuary bequest . The person identified in such a clause is called the residuary taker , residuary beneficiary , or residuary legatee . If no such clause is present, however, the residuary estate will pass to the testator s heirs by intestacy . At common law, if the residuary estate was divided between two or more beneficiaries, and one of those beneficiaries was unable to take, the share that would have gone to that beneficiary would instead pass by intestacy, under the doctrine that there was no residuary of a residuary . The modern rule, however, is that the failure of a residuary gift to one beneficiary causes that beneficiary s share to be divided among the remaining residuary takers. Unreferenced date November 2007 Category Wills and trusts law term stub ... more details
Unreferenced stub auto yes date December 2009 Wills, trusts, estates Letters of Administration are granted by a Surrogate Court or probate registry to appoint appropriate people to deal with a deceased person s Estate law estate where property will pass under Intestacy Rules or where there are no executor s living and willing and able to act having been validly appointed under the deceased s will law will . Traditionally, letters of administration granted to a representative of a testate estate are called letters of administration with the will annexed or letters of administration cum testamentio annexio or c.t.a. . See also Administration of an estate on death Administration Probate DEFAULTSORT Letters Of Administration Category Wills and trusts Law stub ... more details
Unreferenced auto yes date December 2009 Orphan date December 2009 Beneficium inventarii literally benefit of the inventory is a legal doctrine introduced into Roman law by Justinian I to limit the liability of Beneficiary heirs resulting from an Insolvency insolvent Estate law estate . The doctrine, which is in force today in many Civil law legal system civil law systems , applies to both Will law wills and Intestacy intestate successions. An heir may accept a succession under beneficium inventarii without being liable for the debts attaching to the estate or to the claims of Will law legatees beyond the estate s value as previously determined by inventory. Category Latin legal terms Category Roman law Category Legal doctrines and principles Latin legal phrase stub ... more details
orphan date January 2010 The Inheritance Provision for Family and Dependants Act 1975 is an Act of Parliament Act of the Parliament of the United Kingdom United Kingdom Parliament concerning inheritance . This Act to makes provision for empowering a Law court court to make orders to redistribute the estate of a deceased person of provision for the spouse, former spouse, child, child of the family or dependant of that person, against the deceased person s Will law Will . See also List of Acts of Parliament of the United Kingdom Parliament, 1960 1979 Intestacy References reflist External links UK SLD 1239280 the Inheritance Provision for Family and Dependants Act 1975 OPSI http www.opsi.gov.uk acts acts1975 pdf ukpga 19750063 en.pdf the Inheritance Provision for Family and Dependants Act 1975 UK legislation Category United Kingdom Acts of Parliament 1975 Category Inheritance UK law stub ... more details
Refimprove date November 2007 Mergefrom Moosi date July 2009 Wills, trusts, estates A testator is a person who has written and executed a Will law last will and testament that is in effect at the time of his her death. ref http dictionary.law.com default2.asp?typed testator&type 1&submit1.x 72&submit1.y 6 Law dictionary on line ref It is any person who makes a will. ref name Gordon Gordon Brown, Administration of Wills, Trusts, and Estates , 3d ed. 2003 , p. 556. ISBN 0 7668 5281 4. ref Related terms A female testator is sometimes referred to as a testatrix , particularly in older cases. ref name Gordon The adjective adjectival form of the word is testamentary , as in Testamentary capacity , or mental capacity or ability to execute a will and Testamentary disposition , or gift made in a will see that article for types . A will law will is also known as a last will and testament . Testacy means the status of being testate , that is, having executed a will. The property of such a person goes through the probate process. Intestacy means the status of not having made a will, or to have died without a valid will. The estate of a person who dies intestate , undergoes administration of an estate on death administration , rather than probate. The attestation clause of a will is where the witnesses to a will attest to certain facts concerning the making of the will by the testator, and where they sign their names as witnesses. References reflist Category Wills and trusts Category Common law law term stub cs Z stavitel pl Spadkodawca ... more details
Expert subject Law date November 2008 Probate research deals with finding heirs and proving their right to an inheritance . In some estate s there may be no known heirs, or there may be missing heir s whose names are known but their contact information is not. There may be also 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 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 descendent, often starting with no more than a name and date of death and in some cases looking for relatives as distant as second cousins. In many cases the heirs that are finally identified have little or no knowledge of the person from whom they are inheriting. Probate researchers are hired by solicitors in the United Kingdom, or Estate Attorneys in the United States. It is also common for them to independently review many cases to find a single case with missing or unknown heirs. Fees Charged Many probate researchers work primarily on a contingent fee or no win no fee basis which involves the potential heir signing an agreement to pay a percentage of their inheritance to the probate research company if they actually inherit something. Legitimate firms never request out of pocket or up front fees from potential beneficiaries. However, there are many email scams that ask for money for information about false inheritances. The industry remains unregulated, and there is some public concern over the fees charged by probate researchers. ... more details
unsourced date September 2010 Wills, trusts, estates Abatement of debts and legacies is a common law doctrine of will law wills that holds that when the equitable assets of a deceased person are not sufficient to satisfy fully all the creditors, their debts must abate proportionately, and they must accept a dividend . In the case of legacies when the funds or assets out of which they are payable are not sufficient to pay them in full, the legacies abate in proportion, unless there is a priority given specially to any particular legacy. Annuities are also subject to the same rule as general legacies. The order of abatement is usually Intestacy Intestate property property not disposed of in the will itself will abate first The residuary estate will abate next General devises gifts of cash will abate next Demonstrative devises gifts of stock , or orders to sell property and give the proceeds to the beneficiary will abate next Specific devises gifts of tangible property will abate last Definitions A specific devise , is a specific gift in a will to a specific person other than an amount of money. For example, if James s will states that he is leaving his 500,000 yacht to his brother Mike, the yacht would be a specific devise. A general devise , is a monetary gift to a specific person to be satisfied out of the overall estate. For example, if James s will states that he is leaving 500,000 to his son Sam then the money would be a general devise. A residual devise is one left to a devisee after all specific and general devices have been made. For example James s will might say I give all the rest, residue and remainder of my estate to my daughter Lilly. Lilly would be the residual devisee. DEFAULTSORT Abatement Of Debts And Legacies Category Common law Category Wills and trusts Category Articles lacking sources from June 2009 Category All articles lacking sources law term stub ... more details
wiktionary interstate Wikisearchbox interstate ending avoids pass newline text2 Interstate 10 text3 Interstate 95 for the term intestate Intestacy An interstate is a type of high speed, limited access highway in the United States Interstate may also refer to Media Interstate 60 2002 , a metaphysical comedy drama road film Interstate song Interstate song , a song from the album Tear the Signs Down 2010 by The Automatic Interstate 76 , a vehicular combat video game for the Microsoft Windows computer operating system Interstate 82 , the sequel to Interstate 76 Transportation United States Numbered Highway System , also called the first interstate highway system in the United States New England Interstate Routes , one of the regional precursors of the Interstate Highway System in the United States Other Interstate commerce, see Commerce Clause , an enumerated power listed in the United States Constitution Article I, Section 8, Clause 3 Interstate typeface , a neo grotesque sans serif typeface designed by Tobias Frere Jones Interstate Bakeries Corporation Interstate Batteries , a privately owned company, based in Dallas, Texas, that markets automotive batteries See also I 0 , a piece of interactive fiction, written by Adam Cadre, about a teenage girl hitch hiking on Interstate Zero Interactions between two or more nation Sovereign state states , commonly called international disambig fr Interstate homonymie ... more details
Unreferenced date July 2009 This is a list of legal consequences of forming a Marriage in the United Kingdom marriage or civil partnership in the United Kingdom . For the purposes of capital gains tax , a married couple civil partners can claim private residence relief for only one dwelling, even if they live apart. Married Civil partners can possess joint property without needing to agree a contract. In case of accident or illness of one spouse, the other is considered as next of kin. A spouse of a British citizen is entitled to a residence permit. A spouse may not be compelled by a criminal court to disclose private communications with their spouse. When a married couple civil partners separate, the courts have wide powers to divide their property and may set aside prenuptial agreement s. Will law Wills are revoked on marriage or formation of a civil partnership unless made in contemplation of marriage formation of a civil partnership . Similarly, a divorced former spouse cannot benefit from a will made before divorce dissolution. No inheritance tax is payable on an estate law estate inherited by a surviving spouse civil partner, if they are UK domiciled. The surviving spouse Inheritance inherits part or all of the estate law estate of a spouse who dies intestate . The exact rules for intestacy are different in the countries of the UK. In England and Wales , if there are children, the survivor inherits the first 125,000 plus personal possessions plus a life interest in half the remainder if there are no children but the deceased has surviving parents or siblings, the surviving spouse inherits the first 200,000 plus personal possessions plus half the remainder otherwise the survivor inherits the whole estate. The surviving spouse is paid a proportion of their deceased spouse s pension . Some references to relevant government documents would be nice here. Case reports perhaps, or the laws and amendments in which these consequences are embodied. Portal United Kingdom ... more details
Unreferenced date July 2008 Wills, trusts, estates Simultaneous death is a problem of inheritance which occurs when two people, at least one of whom is entitled to part or all of the other s estate on their death usually a husband and wife die at the same time. This is usually the result of an accident, but in some cases may occur as a result of homicide such as the families aboard the airplanes used in the September 11, 2001 terrorist attacks . Under the common law , if there was any evidence whatsoever that one party had survived the other, even by a few moments, then the estates would be distributed in that order, though the decedents could write or have written a clause in the will that requires their property to be distributed as though each had predeceased the other. In order to alleviate problems of proving simultaneous death, many states in the United States have enacted the Uniform Simultaneous Death Act , which provides that each spouse will be treated as though they predeceased the other if they die within 120 hours of one another. Some wills now include Titanic clauses named for the RMS Titanic , which caused many simultaneous deaths among testators and executors . These clauses lay out explicit instructions for dealing with simultaneous death. England and Wales The common law of England and Wales also Australia does not accept the possibility of simultaneous death. Where there is no satisfactory medical evidence as to the order of death, the elder of the two is deemed to have died first. This can cause difficulties where for example the elder person had children prior to marriage. The rules can be ousted if inappropriate by an explicit provision in a will. Wills generally have a survivorship clause , typically of 30 days, so that both partner s estates are dealt with as though they were already widowed at the point of death in cases of intestacy , the survivorship clause is set at 28 days. However it is Her Majesty s Revenue and Customs s longstanding p ... more details
Unreferenced date December 2009 Wills, trusts, estates Satisfaction of legacies is a common law doctrine that affects the disposition of property under a will law will . Under the doctrine, any gift that the maker of the will the testator gives during his lifetime to a named beneficiary of the will is presumptively treated as a satisfaction of that beneficiary s inheritance. After the death of the testator, the amount of the gift would then be deducted from the amount that the beneficiary would otherwise have received, even if it operates to entirely cancel out the inheritance. The presumption applies only when the gift is made after the will has already been executed. Many jurisdictions have repealed the satisfaction of legacies doctrine by statute. Even in those jurisdictions, however, a gift may still be treated as a satisfaction of legacy if such an intention is expressed in a written document made close to the time of the gift and signed by either the testator or the beneficiary. Jurisdictions that have enacted such a statute include Virginia . A similar common law doctrine operates regarding inheritance by intestacy i.e., without a will such a gift is then called an Advancement inheritance advancement . The concepts work similarly, but are independent of one another jurisdictions that have repealed the doctrine of satisfaction of legacies may still have the traditional doctrine of advancement in place. This may be because the law presumes that a person who was possessed of enough sophistication to make a will would know how to amend that will or otherwise document their desire that the gift be deemed satisfied. DEFAULTSORT Satisfaction Of Legacies Category Wills and trusts Category Common law rules ... more details
Wills, trusts, estates A laughing heir in the law of inheritance , is an heir who is legally entitled to inherit the property of a person who has died, even though that heir is only distantly related to the deceased, and therefore has no personal connection or reason to feel bereavement bereaved over the death. In most jurisdiction s, the law of intestacy requires that the property of a person who died without leaving a Will law will must first go to that person s immediate family, such as a spouse, descendants, ascendants, or persons descended from the same parents or grandparents. Under the common law , if no such persons exist, the property passes to the nearest living person who can demonstrate some degree of kinship with the deceased, no matter how distant the relation. Some jurisdictions have a laughing heir statute , which cuts off the right of inheritance when the remaining relatives become too remote. In such jurisdictions, if no relative falls within the limitation set by the statute, then the property escheat s to the state. 2 103 of the Uniform Probate Code , which has been adopted by a number of states, sets the outer limits of the right to inheritance with grandparent s, aunt s and uncles, and first cousin s. Under the code, heirs that are farther removed from the deceased are left with no claim to the estate at all. By contrast, some states such as Florida and Virginia have extended the principle to cover the family of a predeceased spouse . In those states, if the decedent had been married, and their spouse had died before the decedent, and if the decedent had no blood relatives at all, then the decedent s property would pass to any living relatives of the spouse , no matter how remote. Jurisdictions with no laughing heir statute Africa South Africa North America Florida also extends inheritance rights to relatives of a predeceased spouse Texas Virginia also extends inheritance rights to relatives of a predeceased spouse Jurisdictions with a laughing ... more details
wills, trusts, estates Advancement is a common law doctrine of Intestacy intestate succession that presumes that Gift law gifts given to a person s heir during that person s life are intended as an advance on what that heir would inherit upon the death of the parent. For example, suppose person P had two children, A and B. Suppose also that P had 100,000, and gave 20,000 to child A before P s death, leaving 80,000 in P s estate. If P died without a will, and A and B were P s only heirs, A and B would be entitled to split P s estate evenly. If the doctrine of advancement were not applied, then each child would receive half of the remaining 80,000, or 40,000. However, if the doctrine of advancement is applied, then the 20,000 already given to A would be considered part of P s estate advanced to A. Thus, the estate would still be valued at 100,000, and each heir would be entitled to 50,000, with the 20,000 already given to A being counted as part of his share. Of the remaining 80,000, A would take 30,000 and B would take 50,000. A number of jurisdiction s have enacted statutes which ameliorate the doctrine of advancement by requiring, for example, that the person giving the gift must indicate in writing that it is intended to be counted as an advancement against the estate. The Uniform Probate Code , which has been adopted in whole or in part by a number of states, limits the doctrine by requiring a writing from either the deceased or the recipient of the property indicating that the property was intended to be treated as an advance upon the estate. ref http www.law.upenn.edu bll archives ulc upc final2005.htm Uniform Probate Code hosted at the University of Pennsylvania, 2 109 accessed June 9, 2009 . ref Where a valid will exists, gifts made during lifetime are analyzed under a different doctrine, that of satisfaction of legacies . References reflist Category Inheritance ... more details
Strong v Bird 1874 LR 18 Eq 315 ref Ramjohn,Mohamed, Sourcebook On Trusts Law, p119 ref is an old case in English property law . It is an exception to the maxim Equity will not assist a volunteer . Rule When a donor makes an imperfect gift during his lifetime, and the donee is subsequently appointed as the donor s executor or becomes the donor s administrator on intestacy, the gift is perfected because the donee obtains legal title to the donor s property, including the subject matter of the intended gift, in the donee s capacity as executor or administrator. There are four conditions for the rule in Strong v. Bird The donor must have intended to make an inter vivos gift. Such donative intention must have persisted until the donor s death. The donee is appointed the donor s executor or administrator i.e., granted letters of administration . The subject matter of the intended gift must have been capable of enduring the death of the donor. Facts Bird borrowed 1000 from his stepmother. She is living with him and paying him for rent. It was agreed by both parties that the loan was to be repaid by a reduction in the rent, until the loan was settled. Bird s stepmother only paid the reduced rent twice. Thereafter, she paid the full rent until her death. On her death, she appointed Bird as her executor and the next of kin now attempted to recover the debt from Bird. The conduct of his stepmother stopped paying the reduced rent as per their agreement does not discharge the debt at law because there was no consideration provided for the release. The issue was whether Bird must pay back the loan. Held The appointment of Bird as the executor was an evidence that the loan to Bird was a gift to him. This is because the executor is responsible for calling in debts to the testator s estate, It would be ridiculous for the executor to sue himself for the debt. Therefore, common law rulings cancelled the debt to avoid this anomaly. Furthermore, the stepmother s donative intention had ... more details
Gay Hayden of Vancouver, Washington was a prominent Oregon pioneer who owned a significant portion of what is now the city of Vancouver including properties previously owned by Esther Short ref name pacific The Pacific reporter, Volume 94, West Publishing Co., St. Paul, pp. 909 911 ref . Additionally Hayden owned all of or part of what is now Hayden Island, Portland, Oregon Hayden Island in Portland, Oregon which is named in his memory. ref McArthur, Lewis A., Oregon Geographic Names,Oregon Historical Quarterly, Vol. 27, No. 3 Sep., 1926 , Oregon Historical Society, pp. 295 363, URL http www.jstor.org stable 20610356 ref . Hayden arrived in the Oregon Territory in 1850 with his wife Mary Jane Hayden , whom he met in the wilds of Wisconsin and married in 1847. In 1851, after settling on what would become known today as Hayden Island, he built a grand home and lived on the island for five years with his wife Mary Jane Hayden . ref name access Hayden, Gay. Access Genealogy. 2010 06 13. URL http www.accessgenealogy.com scripts data database.cgi?file Data&report SingleArticle&ArticleID 0020608. Accessed 2010 06 13. Archived by WebCite at http www.webcitation.org 5qS1jKFqK ref On March 10, 1886, Gay Hayden and Mary Jane Hayden separated and divided their property in court, from that point on each handling their own real estate and financial affairs. Gay Hayden died Intestacy intestate in May 1902. ref name pacific References references Persondata Metadata see Wikipedia Persondata . NAME Hayden, Gay ALTERNATIVE NAMES SHORT DESCRIPTION DATE OF BIRTH PLACE OF BIRTH DATE OF DEATH May 1902 PLACE OF DEATH DEFAULTSORT Hayden, Gay Category Oregon pioneers Category People from Vancouver, Washington Category 1902 deaths Category People from Wisconsin Category People from Clark County, Washington Category People from Multnomah County, Oregon ... more details
In Civil law legal system civil law and Roman law , the legitime , or forced share , of a decedent s estate law estate is that portion of the estate from which he cannot disinherit his children, or his parents, without sufficient legal cause. The word comes from French language French h ritier legitime , meaning rightful heir. The legitime is usually a fraction of the entire property, which is then shared by the heirs. Where there is the law of legitime, and in the case where the testator has children, it is not lawful for a testator with issue to designate his spouse as sole heir while ignoring his children. The legitime , common in Continental Law jurisdictions, is a portion of property fixed by law, which a testator with issue is bound to bequeath to his children. Common law At common law , there is no legitime the Statute of Wills , 32 Henry VIII of England Hen. VIII c. 1, provided for the unfettered distribution of a decedent s entire estate a testator is entitled to disinherit any and all of his children, for any reason and for no reason. Most jurisdictions in the United States have enacted statutes that prohibit a testator from disinheriting a spouse, or provided that in the event of such a will the spouse may elective share elect to take against the will and claim a statutory share of a decedent s estate. This is done as a substitute for the common law rights of dower and curtesy . In certain jurisdictions Brazil In Brazil , the descendants alternatively, the parents or grandparents and the spouse must receive at least 50 of it among themselves. Czech Republic In the Czech Republic , the nearest descendants can require a half of their intestacy portion if they are of age or the whole intestacy portion if they are under age. If a child of the deceased died before him, his children can claim forced share instead of him etc. Louisiana In Louisiana , up until recently, the situation was different. In Louisiana the legitime operated to prevent a parent from wholl ... more details
Law unref date July 2007 Property law An estate is the net worth of a person at any point in time. It is the sum of a person s assets legal rights, interests and entitlements to property of any kind less all liability financial accounting liabilities at that time. The issue is of special legal significance on a question of bankruptcy and death of the person. See inheritance . Depending on the context, the term is also used in reference to an estate in land or of a particular kind of property such as real property real estate or personal property personal estate . The term is also used to refer to the sum of a person s assets only. Inheritance In context of probate , the estate of a deceased person consists of all the property, whether real property real or personal property personal , owned by the person at the time of death. Assets that pass to somebody else by operation of law for example, property held on a joint tenancy basis , do not form part of the deceased estate, even though the person had rights to that property during his or her lifetime. Also, if the deceased owned life insurance and nominated a beneficiary of the policy, the proceeds of that policy would not pass into the deceased s estate, but would go directly to the nominated beneficiary. Similarly, superannuation death benefits can go directly to a deceased s dependent, bypassing the deceased s estate. See Will law will and intestacy The estate or assets of a deceased person is administered by an executor in the case of a will or Administrator law administrator in the case of intestacy . The function of the executor and administrator is to protect the assets of the estate, pay out all expenses and the deceased s liabilities and distribute the balance in accordance with the directions in the will. Bankruptcy Under bankruptcy in the United States US bankruptcy law , a person s estate consists of all assets or property of any kind available for distribution to creditors. ref Bankruptcy Code usc 11 541 ... more details
, resulting in an intestacy . Invalidity of a clause or gift, requiring the court to decide ... children, who would now get their elective share . See also Intestacy Per minas External links http ... more details
Orphan date December 2010 In law , the situs pronounced s t s Latin for position or site of property is where the property is treated as being located for law legal purposes. This may be important when determining which laws apply to the property, since the situs of an object determines the lex situs , that is, the law applicable in the jurisdiction where the object is located, which may differ from the lex fori , the law applicable in the jurisdiction where a legal action is brought. For example, real estate in England is subject to English law , real estate in Scotland is subject to Scottish law , and real estate in France is subject to French law . It can be essential to determine the situs of an object, and the lex situs , because there are substantial differences between the laws in different jurisdictions governing, for example whether property has been transferred effectively what tax es apply such as inheritance tax , estate tax , wealth tax , income tax and capital gains tax and whether rules of intestacy or forced heirship apply. The rules for determining situs vary between jurisdictions and can depend on the context. The English common law rules, which apply in most common law jurisdictions, are in outline as follows the situs of real estate land is where the land is located the situs of bearer instrument s and chattel s tangible moveable property is where the instrument or chattel is located from time to time the situs of registered instrument s is where the register is held the situs of shares is where the share register is held in the case of registered shares or where the bearer share certificate is located in the case of bearer shares . the situs of debt s is where the debtor resides since that is generally where legal action can be taken to enforce the debt the situs of intangibles property, including intellectual property such as copyright , trademark s and patent s but also Goodwill accounting goodwill , is where the property is registered, or, i ... more details
Unreferenced date April 2007 A bastard also called whoreson in the law of England and Wales is a person whose parents, at the time of his her birth, were not married to each other. Unlike in many other systems of law, there was previously no possibility of post factum legitimisation of a bastard. This situation was changed in 1926. Etymology In Italian, Spanish, and Portuguese, bastardo is an offensive term for a boy or man born of unmarried parents, or offensive informal terms for a vicious man. In Latin, bastardus was an offensive term to a boy or man born of unmarried parents. In informal Latin, bastardus refers to a man thought to be vicious. Bastarda is an offensive term for a girl or woman born of unmarried parents, and, in informal terms, an offensive term for a vindictive woman. Common law origin Bastardy was not a status, like villeinage , but the fact of being a bastard had a number of legal effects on an individual. One exception to the general principle that a bastard could not inherit occurred when the eldest son who would otherwise be heir was born a bastard but the second son was born after the parents were married. The Statute of Merton Provisions of Merton 1235 20 Hen. 3 c. IX , otherwise known as the Special Bastardy Act 1235, provided that except in the case of real actions the fact of bastardy could be proved by trial by jury, rather than necessitating a bishop s certificate. Reform Post hoc legitimisation was introduced under the Legitimacy Act 1926 16 & 17 Geo. 5 c. 60 and the Family Law Reform Act 1969 c. 46 allowed a bastard to inherit on the intestacy of his parents. In Medieval Wales In Medieval Wales, prior to its conquest by and incorporation in England, a bastard was defined solely as a child not acknowledged by his father. All children acknowledged by a father, whether born in or out of wedlock, had equal legal rights including the right to share in the father s inheritance. This legal difference between Wales and England is often refer ... more details
unreferenced date April 2009 Wills, trusts, estates Lapse and anti lapse are complementary concepts under the law of will law wills , which address the disposition of property that is willed to someone who dies before the testator the writer of the will . Lapse At common law, lapse occurs when the beneficiary or the devisee under the will predeceases the testator, invalidating the gift. The gift would instead revert to the residuary estate or be granted under the law of intestate succession. If the deceased beneficiary was intended to inherit part or all of the residuary estate, then that portion of the estate would pass by intestacy intestate succession , as though the testator had left no will. This rule is referred to as the doctrine of no residue of a residue, because the portion of the residuary estate that did not itself pass under the will could not be considered part of the residuary estate at all. Under section 2 604 b of the uniform probate code, if the residue is devised to two or more persons, the share of a residuary devisee that fails for any reason passes to the other residuary devisee, or to other residuary devisees in proportion to the interest of each in the remaining part of the residue. Simply put, if there are two parties in the remainder and one has not survived, the entirety of the remainder goes to the surviving residuary devisee. In jurisdictions which have adopted the Uniform Simultaneous Death Act , or the 1991 version of the Uniform Probate Code but not the previous Uniform Probate Code , any devisee who dies within 120 hours after the testator is legally considered to have died before the testator. In such jurisdictions, only a devisee who survives more than 120 hours after the testator is considered to have met this statutory survival test. Anti lapse statutes Most common law jurisdictions have enacted an anti lapse statute to address this situation. The anti lapse statute saves the bequest if it has been made to parties specified in th ... more details
infobox court case name Paul v Constance court Court of Appeal of England and Wales image date decided 8 July 1976 full name Paul v Constance citations Case citation England and Wales 1977 1 WLR 527 CA judges Cairns LJ, Scarman LJ, Bridge LJ Cases cited Jones v Lock , Richards v Delbridge , Re Paradise Motor Co Ltd Legislation cited None prior actions subsequent actions Keywords Trust law Trust Paul v Constance 1977 1 WLR 527 is an important English trust law case. It sets out what will be sufficient to establish the first of the three certainties necessary for a Trust law trust certainty of intention . It is necessary that a settlor s words and actions ... show a clear intention to dispose of property ... so that someone else acquires a beneficial interest. ref Paul v Constance 1977 1 WLR 527 CA ref Facts Mr Constance, deceased, set up a bank account in his own name. On many occasions he stated to his Domestic partnership de facto partner Mrs Paul the plaintiff , that The money is as much yours as mine. ref Paul v Constance 1977 1 WLR 527 CA ref Mr Constance was still legally married to Mrs Constance the defendant . Mr Constance died Intestacy intestate , and his assets including the account passed to the defendant. This statement itself was not sufficient to imply a trust was created. One of the key facts was that both Mr Constance and the claimant played bingo and both parties paid their bingo winnings into this account. Their conduct in this situation implied to the court that Mr Constance did intend this to be a trust. Judgment To establish a trust, there must be sufficient certainty of intention that the settlor is granting a beneficial interest to the beneficiary . This can be expressed oral contract orally , and no particular form of words or conduct are necessary. ref Paul v Constance 1977 1 WLR 527, 530 531 CA ref The word trust need not be used. However, an imperfect gift as in Jones v Lock does not show sufficient certainty of intention. See also Barclay ... more details
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