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Intestacy, Wills, and Donative Transfers Intestate succession of property; procedures for making, interpretation, and revocation of wills (includes Statutory rule against perpetuities and Uniform Simultaneous Death Act )
The gift would instead revert to the residuary estate or be granted under the law of intestate succession. If the deceased beneficiary was intended to inherit part or all of the residuary estate, then that portion of the estate would pass by intestate succession, as though the testator had left no will. This rule is referred to as the doctrine ...
The requirements for testamentary capacity are minimal. Some courts have held that a person who lacked the capacity to make a contract can nevertheless make a valid will. . While the wording of statutes or judicial rulings will vary from one jurisdiction to another, the test generally requires that the testator was aware
Intestacy has a limited application in those jurisdictions that follow civil law or Roman law because the concept of a will is itself less important; the doctrine of forced heirship automatically gives a deceased person's next-of-kin title to a large part (forced estate) of the estate's property by operation of law, beyond the power of the deceased person to defeat or exceed by testamentary gift.
Some of the more important, stated in as general a form as possible, are these: [1] The intention of the testator is to be observed. This rule is called by Sir Edward Coke the pole star to guide the judges. There is a presumption against intestacy, against double portions, against constructing merely precatory words to import a trust, etc.
Inheritance law in ancient Rome was the Roman law that governed the inheritance of property. This law was governed by the civil law of the Twelve Tables and the laws passed by the Roman assemblies, which tended to be very strict, and law of the praetor (ius honorarium, i.e. case law), which was often more flexible. [1]
Advancement is a common law doctrine of intestate succession that presumes that gifts given to a person's heir during that person's life are intended as an advance on what that heir would inherit upon the death of the parent. Not to be confused with an advance of someone's expected distribution from an estate currently in probate.
The doctrine of worthier title, preferring title by intestate succession over title by the instrument, wipes out that vested interest and prefers the rights of Adam's creditors over the rights of Adam's heirs. This illustrates that although the doctrine of worthier title, by its terms, does not affect the right passed from the ancestor to the ...