succesion intro

Question 1

scot act 1998 126(4)

Answer 1

location of succession within the law

Question 2

reform

Answer 2

1. 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

Question 3

what effect does the echr have on succession

Answer 3

moving away from blood reelations having trump over illegitimate or adopted

Question 4

marckx v belgium

Answer 4

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

Question 5

Mazurek v france

Answer 5

STATE V CITIZENS

as illigimite child could only inheot 257 ECHR = cannot discrim between children!

Question 6

fabris v france

Answer 6

STATE V CITIZENS illegitimate child discriminate. GRAND CHAMBER reiterated the fact that the law of succession CANNOT DISCRIMINATE BETWEEN CHILDREN

Question 7

mitzinger v germany

Answer 7

STATE V CITIZENS illigimate child discrimination

Question 8

pla v andora

Answer 8

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

Question 9

re erskine

Answer 9

CITIZENS V CITIZENS followed the decision in PLA

Question 10

re hand will trust

Answer 10

CITIZENS V CITIZENS adopted children descrim Scottish court is likely to make a similar finding

Question 11

s.23 births, marriages and deaths act

Answer 11

will be the duty of any relatives, person present at deaht or deceased exec to reg death, time place ect

Question 12

s.24births, marriages and deaths act

Answer 12

certificate of cause of death

Question 13

s.27births, marriages and deaths act

Answer 13

death certificate

s.27A + ss1 2015/16 unauthorised disposal of a body = an offence

Question 14

rights of personality in reference to the deceased body

Answer 14

not clear on this subject. as regards to ownership/ possesion

Question 15

c v adv general

Answer 15

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

Question 16

c v m

Answer 16

left all property to wife. wife given custody of body.

Question 17

inquires into fatal accident snd sudden death scot act
AND
act of sederunt (fatal accident inquiry rules) 2017 ss1 2017

Answer 17

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

Question 18

national assistance act s.50

city of ed council v marcel

Answer 18

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

Question 19

public health act s.93

Answer 19

when people die in suspicious circumstances

Question 20

anatomy act s.4

Answer 20

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

Question 21

presumption of death 1977 s.1,3,4,5

Answer 21

s. missing no idea of death= 7 years declarator
s. 3 = succession rights
s. 4-5 = what happens with reappearence

Question 22

certification fo death scot acts.9-13 and s.17

Answer 22

s. 9-13 procurator fiscal has to investigate

s. 17 dies out of scot