legal rights

Question 1

Paterson pt

Answer 1

domestic abuse extreme - sought award . not sure the court would follow this

Question 2

cross ptr

Answer 2

son killed father. court wanted to dispencse with s. 15 son could inherit 99% of fathers estate = modificaition

Question 3

mortons v aged Christian friend society

Answer 3

it is a general rule that a personal obl transmits against the personal rep (exec). of the obliger. exec cannot be liable beyond estate

Question 4

how are the legal rights calculated

Answer 4

on movable estate minus the debts attaches to the assets

Question 5

estates liabilities

Answer 5

must be paid before any payment to ben crucial estates liabilities are paid using assets from the estate in other words the estate is not liable to pay from the same packet

Question 6

relicts rights

Answer 6

protection against disinhertance have indeafeasabel common law rights.
 jus rulictae = widow
jus relciti= widower
if issue = 1/3 movables
if no  then 1/2

Question 7

legitim

Answer 7

also called bairns tpart. legtim funtd relict 1/3 movable if no relict then 1/2

Question 8

A dies leaving everything to her brother. her estate is a house worth 200 k
contents 100k
estranged husband claims legal rights

Answer 8

contents= movable
so movable/2 = relict rights
thus husband gets 50k
brother gets rest

Question 9

camerons trs v maclean

Answer 9

entitlement to money as
widow can claim legal rights
widow can claim shares
BUT share price entitlement was fixed.

Question 10

macgregrors ex

Answer 10

the relict and the bairns are among creditors and creditors among heirs. debts are claimed on the assets before the relict and issue are able to make a claim on their legal rights. holder have strong priorty over net estate testate succession not succession no so accurate as intestate

Question 11

deads part what is available to bequest

Answer 11

1/3 they can bequest to whoever they want

Question 12

who would renounce rights to inherit

Answer 12

ANYONE

Question 13

s. 131 civil partnership 2004 act

s. 101 2004 act

Answer 13

s.131/101- relict = widow/widower =surving spouse AND civil partner
civil partners put on the same stat footing as spouses

Question 14

why would they renounce legal rights

Answer 14

family solidarity to make sure wishes of deceased were fulfilled or to claim a legacy

renounce rights before death of the deceased treat it as if the person is never alive

example if a and b have child x. if child x wants to renounce legal rights pre death it will be treated as if he was never alive CHECK THIS

Question 15

what is approbate and reprobate

Answer 15

cannot claim the legal rights and legacy at the same time

s.13 1964 act

Question 16

stewart v bruces trs

Answer 16

approbate and reprobate. OPPORTUNITY TO CONSIDER ELECTION.

trust here given time what to renounce

Question 17

Naismith v boyes

Answer 17

if partial intestacy then can claim legal rights OVER THE INTESTATE PART OF THE ESTATE. s.13 1964 act

Question 18

representation

Answer 18

the doctrine that allows that allows the issue (a descendent ) of a predeceased person to rep them when it comes to division of the estate

Question 19

s. 5 and s.11 1964

Answer 19

rep IS possible for intestate succession rights and legitim

rep IS NOT possible for LEGACIES/ PRIOR RIGHTS/RELICT RIGHTS/COHAB CLAIM

Question 20

s.6 2016

Answer 20

for legacies something similar to rep SOMETIMES applies

Question 21

define per stirpes

Answer 21

division in rep will be p[er stirpes if the claimants are not of all the same relation= children and grand children
example

A dies leaving money to children XYZ. X has 2 children P and Q. X has pre deceased A. P+Q represent X to take X’s share in the legacy.

Question 22

define per capiat

Answer 22

division in rep will all be the same relation= all grand children claiming
EX
A leaves will to XYZ. XYZ all have children. all pre deceased A. there children will stand in BUT it will be all grandchildren.

Question 23

collation

Answer 23

advance money paid = collatable advance treated as part of the legitim

Question 24

coats trs v coats

Answer 24

no one cliaments no collation required one person claiming unfair to collate

Question 25

collation
example 1
A dies. RELICT= R and 3 sons TDH. 
heritable= 300k 
movable 180k
T has had a collatable advance of 12k
will= hetiable = goes to R
rest go to charity
sons claim legitim
calculate legitm

Answer 25

1. 180k/3 = movables available to the sons as there is a relict
2. 60k+12k= 72k this is the total legitm for the boys
3. 72/3 to find out what each boy receives.

=24k

D,H=24K

T=24K-12K
=12K as he has had his collatable advance

Question 26

collation
example 2 
A dies. RELICT= R and 3 sons TDH. 
heritable= 300k 
movable 180k
T has had a collatable advance of 60k
will= hetiable = goes to R
rest go to charity
sons claim legitim
calculate legim

Answer 26

T would refuse legitim.
d+h would only get 20k each

180/3= 60k = total boys could claim from
60k/3=20k what d+h would get

Question 27

circumventing legal rights

Answer 27

get rid of assets pre death
reduce trust so not part of the estat
artificial intestate

Question 28

what is the comparitve law in england

Answer 28

1975 s.1 inheritance law places a premimum on those who use lawyers, prepare a case and make it well before the court.encourages family disputes

the French and german are similar to the Scottish based of civil systems