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Administration (probate Law)
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
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Intestacy Rules
Intestacy is the condition of the estate of a person who dies without a legally valid will, resulting in the distribution of their estate under statutory intestacy laws rather than by their expressed wishes. 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, which vary by jurisdiction, refers to the body of law (statutory and case law), establish a hierarchy for inheritance, typically prioritizing close relatives such as spouses, children, and then extended family members and 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 ... [...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 William, Prince of Wales (William Arthur Philip Louis; born 21 June 1982), is the heir apparent to the British throne. He is the elder son of King Charles III and Diana, Princess of Wales. William was born during the reign of his pat ... (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 ... [...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. Theory The word ''property'', in everyday usage, refers to an object (or objects) owned by a person—a car, a book, or a cellphone—and the relationship the person has to it. In law, the concept acquires a more nuanced rendering. Factors to consider include the nature of the object, the relationship between the person and the object, the relationship between a number of people in r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Estate Planning
Estate planning is the process of anticipating and arranging for the management and disposal of a person's Estate (law), estate during the person's life in preparation for future incapacity or death. The planning includes the bequest of assets to heirs, loved ones, and/or Charity (practice), charity, and may include legal tax avoidance. Estate planning includes planning for incapacity, 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 with Capacity (law), incapacity. Taxation Tax avoidance, Avoidance of income tax, gift tax, capital gains tax, inheritance tax, and generation-skipping transfer tax plays a significant role in choosing the str ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Calendars Of The Grants Of Probate And Letters Of Administration
Calendar of the Grants of Probate and Letters of Administration or CGPLA was an index published in the United Kingdom and Ireland that lists an alphabetical summary of probate documents such as wills.Glen, William Cunningham and Alexander Glen, The Law Relating to the Registration of Births, Deaths, and Marriages in England' (1875) Knight (pub), Oxford, England. Republished at Google Books. (accessed 3 January 2008) The correct full title for Ireland is ''Calendar of the Grants of Probate and Letters of Administration Made in the Principal Registry and in the Several District Registries 1858-1920''.Probate in Ireland, Part 1: From 1858 at ancestry.com (accessed 1 January 2008) Every year from 1858, volumes of short summaries of grants of |
Administration Of Estates Act 1925
The Administration of Estates Act 1925 ( 15 & 16 Geo. 5. c. 23) is an act of the Parliament of the United Kingdom that consolidated, reformed, and simplified the rules relating to the administration of estates in England and Wales. Principal reforms Section 2 of the act extended all authority that a personal representative had with respect to chattels real (such as fixtures) to cover any matter dealing with real estate . Section 45 of the act abolished the following, respect to the property of any estate (excepting entailed interests): * 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 Section 46 of the act replaced the rul ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 contiguous states border Canada to the north and Mexico to the south, with the semi-exclave of Alaska in the northwest and the archipelago of Hawaii in the Pacific Ocean. The United States asserts sovereignty over five Territories of the United States, major island territories and United States Minor Outlying Islands, various uninhabited islands in Oceania and the Caribbean. It is a megadiverse country, with the world's List of countries and dependencies by area, third-largest land area and List of countries and dependencies by population, third-largest population, exceeding 340 million. Its three Metropolitan statistical areas by population, largest metropolitan areas are New York metropolitan area, New York, Greater Los Angeles, Los Angel ... [...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] |
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 ... [...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. Succession law determines who a person's legal heirs (also called legal issue in the US) are. There also may be known heirs from one part of the family, but another part of the family may be unknown (usually the case in intestate succession) In other cases, an heir may not be a family member, but someone who has been named as heir in a last will and testament. Named heirs can also be missing, or have predeceased the testator, leading to the need for probate research. In all these instances, professional probate researchers work to trace the next-of-kin, or the named heirs, in the case of a last will and testament. Probate researchers are also called heir hunters, heir searchers, probate genealogists, and forensic genealogists. Intestacy laws vary enormously from ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stranger
A stranger is a person who is unknown or unfamiliar to another person or group. Because of this unknown status or unfamiliarity, 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
