Intestacy is the condition of a deceased person's property without making a valid will or any other binding declaration. Or this may also apply where a wish or declaration has been made, but only applies to parts of the estate; The remaining estate forms the "estate of wills". The Law of Intelligence, also referred to as the law of descent and distribution , refers to legal entities (laws and legal matters) that determine who is entitled to property from plantations under inheritance rules.
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History and common law
Intelligences have limited applications in jurisdictions that follow civil law or Roman law because the concept of the will itself is less important; the doctrine of forced coercion automatically assigns the title of the nearest relative of the deceased to most (forced property) of the inheritance by living the law, beyond the power of the deceased to defeat or exceed by the gift of a will. The forced part (or legitime) can often only be derived due to some very specific errors by the forced inheritors. In the case of transboundary inheritance, the "law of succession" is a general term covering probation and probate in the jurisdiction of common law along with the rules of forced inheritance normally applied in civil law and the jurisdiction of Sharia law. After the Statute of Wills 1540, Englishmen (and unmarried women or widowers) can dispose of their property and land with will . Their previous private property could be removed by testament , then inaugurated the sacred law the last will and testament .
Common law sharply distinguishes between real property and mobile goods. Real property for which no disposition has been made by shall be authorized by law of kinship and offspring; the treasures for which there is no disposition made by the treaty are escheat to the Crown, or given to the Church for the purpose of charity. This law became obsolete as Britain moved from feudal to commercial society, and property was more valuable than the land being collected by the townspeople.
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Rules
Where a person dies without leaving a will, the rules of succession of the person's residence or their domicile often apply, but it is also common for the kingdom in which the property is located to have jurisdiction regardless of residence or domicile of the deceased. In certain jurisdictions such as France, Switzerland, the state of Louisiana in the US, and much of the Islamic world, the right arises whether there is a will or not. This is known as forced heirship and is not usually found in the common law jurisdiction, where intestate succession rules play a backup role in which a person has not (or has not entirely) exercised his right to dispose property in the will.
Current law
In most contemporary common-law jurisdictions, the law of intestration is classified according to common law of offspring. Property goes first or mostly for couples, then for children and their offspring; if there is no offspring, the rule sends you back to the family tree to parents, siblings, descendants of siblings, grandparents, elder siblings, and offspring of parents siblings, and usually onward to further familial degrees. The operation of this law varies from one jurisdiction to another.
United Kingdom
England and Wales
In England and Wales, the Integral Rules have been uniform since 1925 and similar rules apply in Northern Ireland, the Republic of Ireland, and many Commonwealth and Kingdom dependent countries. These rules have been supplemented by the provisions of the wisdom of the 1975 Legacy (Provision for Families and Dependents) so that fair provisions can be made for dependent couples or other relatives in which the strict divisions established in the rules of intestation will produce results unfair. , for example by providing additional support for a dependent child or disabled vis-a-vis of an adult child who has a career and is no longer dependent on his or her parents.
The rules of succession are the Rules of Intestation set forth in the Administration of Plantation Laws and related laws. The law provides for the distribution of property on the estate of the deceased. For people with surviving children and fortunes below a certain limit (Ã, Â £ 250,000 since February 2009), entire plantations will be given to couples who have died or also, from December 2005, their registered civil partners. For people who do not have surviving children but survivors of close relatives (such as siblings or parents), the first £ 450,000 is given to a spouse or civil partner (since February 2009). Such transfers below the threshold are exempt from UK inheritance taxes.
If a person passes away without an identifiable heir, the person's property is usually lost (ie legally given) to the Crown (via the Bona vacantia division of the Attorney of the Treasury) or to the Cornwall or Duchy of Lancaster Duchy when the deceased is a good resident; in limited cases, the free distribution may be made by one of these bodies to persons who otherwise would be without rights under strict implementation of inheritance rules.
For deaths after October 1, 2014, the current rules under which a person dies leaving a spouse or civic partner are as follows:
- If there are no children, grandchildren, or grandchildren then a spouse or civil partner inherits all of the property.
- If there are children, grandchildren, or grandchildren, the couple receives personal and first treasure Ã, Â £ 250,000, then half of everything passes under the rules of intimacy. The other half escaped to the same children at the age of 18, with the provisions of the grandchildren whose parents had died before his death died.
In larger farms, couples will not receive all the property where the deceased left other blood relatives and did not leave the will. They will receive the following:
- all properties forwarded to them by survivorship (such as parts that have died in a shared family home);
- all properties forwarded to them under trust terms (such as life insurance policies);
- legal inheritance of a fixed amount (to a greater number in which the deceased does not have a child); and
- life interest half of the rest of the property.
Children (or further relatives if no children) of the deceased shall be entitled to half of the remaining inheritance immediately and the remaining half on the death of the surviving spouse. Where no beneficiaries can be searched, see bona vacantia.
Scotland
The law of intent in Scotland extensively follows England and Wales with some variations. The important difference is that all relatives (blood) that may be eligible for benefits (ie they are not limited to grandparents or their offspring). After the class is 'exhausted', succession continues to the next line of ascendants, followed by siblings, and so on. In the complete absence of relatives of all or a half of blood, property moves to the Crown (such as ultimus haeres ). Crowns have the discretion to benefit people unrelated to intestate, e.g. those who have a moral claim on the estate.
Canada
In Canada, legislation varies from one province to another. As in Britain, most jurisdictions apply succession rules to determine the nearest relative who is the legitimate heir to the estate. Also, as in Britain, if no identifiable heirs are found, the property may blacken the government.
United States
In the United States the laws of intestitation differ from one state to another. Each separate state uses its own act of intestation to determine ownership of a citizen's private property. Enterprises in the United States to make wills and wills from country to country, through efforts such as the Uniform Probate Code, have been met with limited success.
The distribution of property of the deceased is the responsibility of the administrator (or personal representative ) of the estate: usually the administrator is selected by a court that has jurisdiction over the landing property, and often (but not always) the person nominated by the majority of the deceased's heirs.
The federal law controls the performance of Native Americans.
Many countries have adopted all or part of the Uniform Probate Code, but often with local variations. In Ohio, the law of pioneering succession has been significantly modified from the common law, and has been fundamentally codified. The state of Washington has also codified its law of intent. New York is probably the most complicated law of distribution of offspring. The Florida intimacy statute allows the heirs of a deceased wife from a deceased person to inherit, in the case that the deceased has no other heir.
See also
- The estate administration of death
- Property Planning
- Succession sequence
- Testator
- Uniform Seriality Letters
References
Source of the article : Wikipedia
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