who may inherit

Question 1

what are the types of succession right

Answer 1

intestate-(relatives spouses, cicol forced heiship)
legal rights (spouse civil and issue) APPLY BOTH TESTATE AND INTESTATE
testate: LEGACIES- cannot be defeated by a will a piece of property to go to a certain person
special destinations- a writing that alters the transfer of property apre death will subs

Question 2

what are alternatives to succession

Answer 2

ENGLISH LAW- free restauration, all property to do with as you wish. now discresionary claim to kids
FRENCH GERMAN- certain amount has to go to heirs- forced heirship

Question 3

what are moral rights

Answer 3

NOT GEN RECOGNISED BY LAW

Question 4

what is judicial discretion

Answer 4

alter the amounts of succession based on desires

children fixed right = no moral element cohab= ddiscresion showed

Question 5

THE LIVING AND THE DEAD WHO CAN INHERIT
EXAMPLE
A leaves testament to B. B dies mon. A dies tues. what happens

Answer 5

b has no claim b is dead.

Question 6

s.9 suc scot act

Answer 6

common calamity. where two persons die simultaneously or in circumstances in which it is uncertain who survived who EACH TO BE TREATED AS FAILING TO SURVIVE THE OTHER.

Question 7

S.9(2) suc scot act

Answer 7

destination over. it is a condition on a legacy if a wants to leave property to b but has a special dest clause stating that if B dies it is to go to c.
it is an exception to the rule of common calamity

Question 8

lamb v LA

Answer 8

JG left all wealth to AG. AG had sister. fire killed JG and AG. sister needed to show that AG survived JG to inherit.

Held evidence suggested that JG survived AG so no need to resort to presumtprion
presumption on balance of probs only USED IF NOT CLEAR

Question 9

s.21 family law act 2006

Answer 9

reformed to allow illegitimate children to inherit

Question 10

adopted children a right to inherit

Answer 10

no right to inherit from birth parents no intestate succesion

Question 11

step children/ accepted children right to inherit

Answer 11

no special status no intestate succesion

Question 12

posthumous children(the unborn)

Answer 12

can inherit the principal

Question 13

spouses inheritance

Answer 13

can inherit and have most of the rights intestate and testate

Question 14

divorce inherit

Answer 14

if divorce then implidly revoked any legacy this also applies to special destinstions

Question 15

separated spouses inherit

Answer 15

not affected by testate succession rights intestate may not be able to claim the dwelling/ pleninshing rights of deceased partner

GWS V KH
person who was incapx
they tried to get a divorce on behalf of the incapx
HELD the incurator barcus can do many things BUT not ivorce
could don a separation agreement removing the right of spouse to inherit

Question 16

civil partners inherit

Answer 16

since s.2,8,9 2004 suc scot act s.131 courts have a discresionary power to award civil partners

Question 17

juristic persons right to inherit

Answer 17

can benefit from property

Question 18

the unworthy heir

Answer 18

cannot claim from someone you killed.

common law the person is barred from legal rights / legacies / intestate rights and destinations

Question 19

burns v sec state

Answer 19

domestic abuse victim 
kills husband in provoc
2 year probation 
NOT inherit pension
fortfiture may be modified could almost inherit everything. - discresionary award by the courts

Question 20

hunters exrs v ptrs

Answer 20

claimed to predeceased cannot inherit free the heir not entitled to claim. succession s.12 unworthy heir pre diseased
the person you killed

Question 21

tannock v tannock

Answer 21

unworthy heir MURDER ONLY? tvt= a culpa homicide of wife to husband she didn’t want to claim but son, convicted of perverting the cause of justice, did. step HELDson was allowed to inherit

Question 22

s.2 forfeiture act

Answer 22

modify rule in s.2. s,5 convicted of murder not culpable homicide then cannot inherot

Question 23

15 and 16 suc scot act

Answer 23

completely dispenses with the rule in s.2 forfeiture act