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6 Cards in this Set
- Front
- Back
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Legal rights of the surviving spouse
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Succession Act 1965, s111-116
Partners have an automatic share is their partner's estate. If there are no children, the spouse gets 50% (at least). If there are children, the spouse gets 1/3 (at least). Re Urquhart - when you have been left something in the will you have to elect to take this. It does not just exist. O'Dwyer v Keogan - when the spouse has been left nothing in the will, this is automatic. |
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Legal rights of the surviving legal partner
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Succession Act 1965, 111A (inserted by s81 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010)
This section takes into consideration civil partners and common law couples. |
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Rights of appropriation
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Succession Act 1965, s55-57
s55 - the right to demand a specific thing s56 - right of appropriation |
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Proper provision for children
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Succession Act 1965, s117
Children do not have an automatic share of their parent's estate. Re GM - there is no distinction between adopted and natural children L v L - the moral duties of the deceased will be taken into consideration "just and prudent parent" Re IAC - high burden ; only a positive failure of moral duties will suffice |
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Provision for divorced spouses
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Family Law Act 1996, s18
Judicial separation : - legal rights have to be explicitly severed Divorce : - legal rights are automatically dissolved |
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Unworthiness to succeed
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Succession Act 1965, s120 (amended by s87 of the 2010 Act)
The general rule is that you cant profit from your crime. Re Crippen |
