succesion intro Flashcards
scot act 1998 126(4)
location of succession within the law
reform
- Scottish law reform report of succession 2009 (intestate succession rights protection for disinheritance
step children should be provided for controvertial NOT fully implemented)
2.d. reid is very critical of the reform
3.2016 succesion scot 2016 reforms enacted
what effect does the echr have on succession
moving away from blood reelations having trump over illegitimate or adopted
marckx v belgium
STATE V CITIZENS
mother and daughter complaining about beligian law of succession. Daughter = illigimate.
beligian law states that mother would have to adopt her daughter to allow her to inherit ECHR DISCRIM under art 8,14 protocol 1
Mazurek v france
STATE V CITIZENS
as illigimite child could only inheot 257 ECHR = cannot discrim between children!
fabris v france
STATE V CITIZENS illegitimate child discriminate. GRAND CHAMBER reiterated the fact that the law of succession CANNOT DISCRIMINATE BETWEEN CHILDREN
mitzinger v germany
STATE V CITIZENS illigimate child discrimination
pla v andora
CITIZENS V CITIZENS will states that the person could only inherit if a blood relative. ECHR read down the will interpreted so PLA as adopted child could inherit.
MANY COMMENTATORS HAVE ARGUED THAT THEY WERE REWRITING THE WILL
re erskine
CITIZENS V CITIZENS followed the decision in PLA
re hand will trust
CITIZENS V CITIZENS adopted children descrim Scottish court is likely to make a similar finding
s.23 births, marriages and deaths act
will be the duty of any relatives, person present at deaht or deceased exec to reg death, time place ect
s.24births, marriages and deaths act
certificate of cause of death
s.27births, marriages and deaths act
death certificate
s.27A + ss1 2015/16 unauthorised disposal of a body = an offence
rights of personality in reference to the deceased body
not clear on this subject. as regards to ownership/ possesion
c v adv general
property left to widow. mother = exec they fell out. both claimed right to the ownership/ possession of the body. HELD court wouldn’t decide who owned the body it was better to determine were the body should be placed
c v m
left all property to wife. wife given custody of body.
inquires into fatal accident snd sudden death scot act
AND
act of sederunt (fatal accident inquiry rules) 2017 ss1 2017
death ‘ work or in custody or child in secure accomadation
it is a discretionary power for the lord adv
looks at the cause and how likely death would be.
when and where
possible precautions
recommendations
national assistance act s.50
city of ed council v marcel
died nobody comes forward to cliam body. local authority oblidged by the law to make arrangements. wont cremate if they believe that would have been against the deceased wishes.
parents died 1987 and in 1994 police imvestigating the house found the parents bodies embalmbed bodies out bac. police took possession. procurator fiscal saitified not murdered. council s.50 he had come uo with a plan to dispose of bodies HELD council not have to release until he has his plan. However if he doesn’t come up with viable plan within the time he will be considerd in breach of s.50
public health act s.93
when people die in suspicious circumstances
anatomy act s.4
donate whole body. needs to be in writing and witnessed . clause of will
human tissue act s.6 and s.7
leave body to research s. 6 = written and verbal.
s.7 relatives authroise
presumption of death 1977 s.1,3,4,5
s. missing no idea of death= 7 years declarator
s. 3 = succession rights
s. 4-5 = what happens with reappearence
certification fo death scot acts.9-13 and s.17
s. 9-13 procurator fiscal has to investigate
s. 17 dies out of scot
