Dependants' Relief Legislation and Compulsory Portion

Dependants' Relief Legislation and Compulsory Portion

Author: Dorota Miler

Publisher: Mohr Siebeck

Published: 2017-10-02

Total Pages: 260

ISBN-13: 9783161554704

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Freedom of testation allows an individual to make effective on his death dispositions of his property on the event of his death. Dependants' relief legislation in British Columbia and compulsory portion in Germany limit this freedom by providing testator's family members with a portion of the estate. However, out of the two, only the legislation gives courts the discretion to change testamentary provisions, by making them, in some cases, entirely ineffective. A comparative analysis of the application, legal character, history and purpose of the limitations leads to the conclusion that the freedom of testation is significantly more limited under British Columbia's legislation than it is under the German law. The author proposes a solution that increases the freedom, adds predictability and reduces subjectivity of the application of the dependants' relief legislation in British Columbia.


Model Rules of Professional Conduct

Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.


Comparative Succession Law

Comparative Succession Law

Author: Kenneth G. C. Reid

Publisher: Oxford University Press, USA

Published: 2020-10-08

Total Pages: 833

ISBN-13: 0198850395

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This book is about the protection from disinheritance. Regardless of what a person's will might say, the closest relatives usually have a claim to some of the deceased's property. The book explores this issue in a sample of countries in Europe as well as in the USA, Canada, Latin America, China, South Africa, Australia, and New Zealand.


The New Law

The New Law

Author: Stefan Lorenzmeier

Publisher: Nomos Verlag

Published: 2018-11-27

Total Pages: 408

ISBN-13: 3845283971

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Das neue Recht hilft bei der Lösung von Problemen, mit denen sich internationale Organisationen, Staaten, Bevölkerungen und Durchschnittsbürger jeden Tag auseinandersetzen müssen. Die Autoren lösen dabei wichtige internationale, lokale oder nationale Probleme auf innovative und neuartige Weise, indem sie rechtliche Konzepte entwickeln, die auf staatlicher, regionaler und kontinentaler Ebene anwendbar sind. Zusätzlich zu Lösungen für spezifische Probleme beinhalten einige Beiträge eine theoretische Diskussion von Reformen und Verbesserungen allgemeiner Natur. Die von den Autoren dargestellt Vorschläge kombinieren das Wissen und die Erfahrung von Juristen und Praktikern mit der Kreativität von Nachwuchswissenschaftlern, um über die traditionellen Rechtsmodelle hinaus zu denken und bedeutende innovative Ideen einzuführen, die das bestehende Rechtssystem voranbringen.


The Law of Inheritance & Administration of Deceased Estates in Malawi

The Law of Inheritance & Administration of Deceased Estates in Malawi

Author: Lewis Chezan Bande

Publisher: African Sun Media

Published: 2021-06-11

Total Pages: 381

ISBN-13: 1991201249

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This book discusses the law of inheritance and administration of deceased estates in Malawi. Its coverage includes basic concepts underlying inheritance; history of law of inheritance in Malawi; Will-making and testate inheritance; intestate inheritance; pension and inheritance of pension benefits and life insurance policies; other forms of inheritance like promissory estoppel, donationes mortis causa, rule in Strong v Bird and mutual Wills; estate duty; grants and personal representatives; and administration of deceased estates. Key statutes discussed include Constitution of Malawi, Deceased Estates (Wills, Inheritance and Protection) Act, Pensions Act, Estate Duty Act and Trustees Act. The book is designed as a reference for judicial officers, legal practitioners, public officers and administrators of deceased estates, law students, policy and legislative makers, pension fund managers, civil society activists (particularly on children and women’s rights) and interested academics.


HC 311 - Impact of Changes to Civil Legal Aid Under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Acvt 2012

HC 311 - Impact of Changes to Civil Legal Aid Under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Acvt 2012

Author: Great Britain. Parliament. House of Commons. Justice Committee

Publisher: The Stationery Office

Published: 2015

Total Pages: 87

ISBN-13: 0215084063

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Since the reforms came into effect, there has been a significant underspend in the civil legal aid budget because the MoJ failed to ensure that those who are eligible for legal aid are able to access it. This has been partly been due to a lack of public information, including information about the Civil Legal Advice telephone gateway for debt advice, and the Committee recommends that the MoJ take prompt steps to redress this. The Committee also concludes that the exceptional cases funding scheme has not worked as Parliament intended. It was supposed to act as a safety net, protecting access to justice for the most vulnerable. The Committee expects the MoJ to react rapidly to ensure that the scheme fulfils Parliament's intention that the most vulnerable people are able to access legal assistance. The Government's reforms have led to an increase in the number and a change in the profile of litigants in person: increasingly these are people who have no choice but to represent themselves, and who may thus have difficulty in doing so effectively: although many tribunals are accustomed to dealing with unrepresented litigants the courts have to expend more resources in order to assist them. The MoJ has not been able to demonstrate that it has achieved value for money for the taxpayer. Although significant savings have been achieved, efforts to target legal aid at those who most need it have focused on intervention aimed at the point after a crisis has already developed, rather than on prevention.


Landmark Cases in Succession Law

Landmark Cases in Succession Law

Author: Brian Sloan

Publisher: Bloomsbury Publishing

Published: 2019-10-31

Total Pages: 524

ISBN-13: 1509919015

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The Landmark Cases series highlights the historical antecedents of what are widely considered to be the leading cases in a discipline, and seeks to provide contexts in which to better understand how and why certain cases came to be regarded as the 'landmark' cases in any given field. Succession law's long pedigree, near-universal application, immense capacity for human interest stories, somewhat uncertain future in England and Wales, and close connection to demographics make it an ideal candidate for a Landmark Cases volume. The distinguished contributors to this collection consider cases ranging from 1720 to 2017, covering issues such as will-making and interpretation, the position of beneficiaries and personal representatives, testamentary promises, and the extent of testamentary freedom in England and Wales and beyond. The cases are relevant not only to scholars and students of succession law per se, but also those working in fields such as tax, trusts, tort and land law. They raise issues as diverse as class, colonialism, familial dynamics, expectations and obligations, mental health, and the proper roles of the legal profession and the welfare state. The collection will provoke much discussion on what makes a 'landmark' case, as well as on the peculiarities and limitations of the case law method.


Legal Aid, Sentencing and Punishment of Offenders Act 2012

Legal Aid, Sentencing and Punishment of Offenders Act 2012

Author: Great Britain

Publisher: The Stationery Office

Published: 2012-05-04

Total Pages: 314

ISBN-13: 9780105410126

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Royal assent, 1 May 2012. An Act to make provision about legal aid; to make further provision about funding legal services; to make provision about costs and other amounts awarded in civil and criminal proceedings; to make provision about referral fees in connection with the provision of legal services; to make provision about sentencing offenders, including provision about release on licence or otherwise; to make provision about the collection of fines and other sums; to make provision about bail and about remand otherwise than on bail; to make provision about the employment, payment and transfer of persons detained in prisons and other institutions; to make provision about penalty notices for disorderly behaviour and cautions; to make provision about the rehabilitation of offenders; to create new offences of threatening with a weapon in public or on school premises and of causing serious injury by dangerous driving; to create a new offence relating to squatting; to increase penalties for offences relating to scrap metal dealing and to create a new offence relating to payment for scrap metal; and to amend section 76 of the Criminal Justice and Immigration Act 2008. Explanatory notes have been produced to assist in the understanding of this Act and are available separately (ISBN 9780105610120)


HL 14, HC 234 - Legal Aid: Children and the Residence Test

HL 14, HC 234 - Legal Aid: Children and the Residence Test

Author: Great Britain: Parliament: Joint Committee on Human Rights

Publisher: The Stationery Office

Published: 2014-06-30

Total Pages: 36

ISBN-13: 0108554651

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The Government proposes to implement its residence test policy by means of an affirmative statutory instrument, which it laid in draft on Monday 31 March. This report looks at that statutory instrument, particularly in relation to its likely effect on children. It sets out in some detail the potential impact of the residence test on four particular categories of children: unaccompanied children, undocumented children, children with special educational needs or disabilities, and section 17 and 20 Children Act 1989 cases. The Committee regrets that the Government's proposal was not introduced by primary legislation to allow both Houses to scrutinise and amend its provisions, and it urges the Government to withdraw the instrument as currently drafted. If the Government does decide to proceed by affirmative instrument, the Committee expects the newly laid instrument to reflect its concerns. The Committee states that the Government's justification for its residence test proposal - to ensure that only individuals with a strong connection to the United Kingdom can claim civil legal aid at the UK taxpayers' expense - cannot be applied fairly to children. It concludes that, if the residence test applies to children, it cannot see any way to ensure that the views of children are heard in any judicial or administrative proceedings affecting the child, as required by Article 12 UNCRC, or to ensure that the child's best interests are a primary consideration