Succession Flashcards
Who do adopted children have rights against- adoptive or natural parents?
Adoptive
Can separated couples still inherit?
Yes
What fraction are surviving children and spouses entitled to of an estate?
1/3 of moveables
If only the spouse of children survive; what fraction can they inherit?
1/2 of moveables
What is the prescriptive period for children raising legal rights?
20 years
What is the term for wife?
Jus Relictae
What is the term for Husband?
Jus Relicti
If the moveables are £90,000 and there is a spouse and 2 children. The will states that the spouse gets it all but one child raises legal rights. How much would the one child get?
£15,000
Term for accepting a will
Approbate
Term for renouncing a will
Reprobate
What legislation prevents both the will and legal rights being in acted?
Succession (Scotland) Act 1964 Section 13
Apply the doctrine of collation to this scenario: B has 2 Children H and C and no spouse and gives everything to charity. There is £400,000 worth of moveables. H was given £100,000 prior to B’s death. H and C raise their legal rights. How much does H and C get?
H will receive £50,000
C will receive £150,000
What legislation governs the doctrine of representation?
Succession (Scotland) Act 1964 Section 11
Definition of ‘per stirpes’
Children and Grandchildren survive
Definition of ‘per capita’
Only one relation survives
Stage 1 of intestate succession
Prior Rights
Stage 2 of intestate succession
Relict Rights
Stage 3 of intestate succession
Cohabitants Rights
Stage 4 of intestate succession
Legitum
Stage 5 of intestate succession
Free Estate
If a spouse survives up to what value can they inherit the dwelling house?
£473,000
If a spouse survives up to what value can they inherit the furnishings?
£29,000
In money rights what value is the spouse entitled to if -
a) there are children
b) there are no children
a) £50,000
b) £89,000
Money rights are made up of?
Heritable and Moveable Property
What fraction of Relict Rights can be claimed if -
a) there are children
b) there are no children
a) 1/3
b) 1/2
Is a cohabitants aware discretionary or not?
It is discretionary
How long do cohabitants have to exercise their rights?
6 months
Windram 2009 Case
couple lived together together for 24 years and had children. This was deemed enough to be cohabitant.
Savage v. Purches 2009
2 1/2 years was not deemed enough for cohabitation. As in the deceased’s will a pervious partner was named the beneficiary.
If an estate reaches stage 5 of intestate succession and no heirs are found. Who inherits?
The Crown (Ultimus Haeres)
Boyle v. Boyle’s Exer 1999
Will was reduced due to undue influence of a man acting in a carers capacity.
Define Probative
A will that is signed on every page and witnessed.
What is a codicil?
Changes to a will
Bruce JF v. Lord Advocate 1969
A man made a will in 1945, and another in 1949 containing a revocation clause. Upon death the new will could not be found and so there was a presumption of destruction.
Duthie’s Excrs v. Taylor 1986
Can be implied revocation if a later testament contains inconsistent provisions to the will. any inconsistencies are in favour of a later will. BUT if two testaments can be given effect then will be valid so long as not inconsistent
Hay v. Duthie 1956
Court should sit in the testator’s chair and interpret will based on the testator’s knowledge. can be inferred from circumstance.
Wood v. Wood Excr 1995
The use of ‘her’ was deemed to vague in a will.
Special Legacies
Leaves specifically identified property to a nominated person.
Universal Legacies
Disposes an entire estate to one individual.
General Legacies
Certain amounts of a certain type of thing are left to a nominated person.
Residual Legacy
Leaves the remainder of an estate to someone.
What is the role of an executor?
To gather and distribute an estate.
