Lecturer: Miljen Matijašević
G10, room 6/I, Tue 11:30-12:30
e-mail: miljen.matijasevic@gmail.com
Session 7
1.
Revision of the last session
2.
Wills and Inheritance
3.
Translation practice – A sample will
Divorce
1.
What was divorce law based on before 1969?
2.
Does English law protect marriage?
3.
What is judicial separation and why does the
instutite exist?
4.
What are possible grounds for divorce in the UK
today?
5.
What’s the difference between a decree nisi and a
decree absolute?
Unit 24
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

a.k.a. the law of succession
law that regulates the succession of property
upon a person’s death
a deceased person may:
◦ die ‘testate’ (having left a valid will)
◦ die ‘intestate’ (having left no will or an invalid will)


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a declaration of a person’s wishes concerning
the distribution of his/her property after
death
it can regulate only what happens to the
property owned by the deceased at the time
of death
not a permanent document – can be changed
or revoked

a will is valid
 if the testator has testamentary capacity
(any person of full age and sound mind)
 if it is written in accordance with legal
requirements

a valid will must be:
 in writing
 signed by the testator
 attested by at least 2 witnesses


the witnesses confirm by their signature the
authenticity of the testator’s signature
they do not need to know the contents of
the will
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a will is alterable
can be altered (changed) or added to
any changes within the will must be signed
by the testator and witnesses
a will can be added to by an attached codicil

a will is revocable until the testator dies

it can be revoked by:
◦
◦
◦
◦
◦
a new will (revoking the previous will)
a codicil
a writing executed as a will
subsequent marriage of the testator
destruction of the will

the whole of one's possessions, especially all the
property and debts left by one at death
◦ DEVISE
 land and real property owned by the testator
◦ LEGACY/BEQUEST
 any other form of property (e.g. cars, pecuniary bequests)
◦ RESIDUE
 all that remains after all the debts have been paid

In civil law inheritance is divided into:
◦ Forced estate
 passed to the next of kin
 legatees referred to as forced heirs
◦ Free estate
 bequeathed at the discretion of the testator

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in common law a testator has complete freedom to
dispose of property
not obliged to include provision for his dependants
Inheritance (Family Provision) Act 1938 (amended
in 1952 and 1975)
◦ court given power to vary a will upon request by a
dependant of the deceased
◦ possible for the court to order that ‘reasonable financial
provision’ be paid out of the estate left by the deceased

list of eligible claimants for family provision
the wife or husband
a former spouse who has not remarried
a child
any person treated by the deceased as a child of the
family
◦ any person who immediately before the death of the
deceased was being maintained by the deceased
◦
◦
◦
◦


estate left to BENEFICIARIES
disposal of a testator’s estate vested in PERSONAL
REPRESENTATIVES:
◦ EXECUTORS (of the will)
 appointed in the will
◦ ADMINISTRATORS (of the estate)
 for someone who died intestate

an official document
◦ confirming that the will is genuine
◦ approving the executor’s right to administer the estate

executors apply for probate with the following
documents
◦
◦
◦
◦

the will
a death certificate
details of property liable to capital transfer tax
a list of debts and funeral expenses
administrators – appointed by the court

personal representatives
◦ absolute power to dispose of the estate
◦ must execute the will/administer the estate within one year
and according to law
◦ e.g. must pay off any leftover debts before they transfer
property to the beneficiaries


if a person dies intestate, the estate is distributed
according to special rules, laid down by the law
(Administration of Estates Act, 1925 and Intestates’
Estate Act, 1952)
the following groups of people are considered
◦
◦
◦
◦
◦
surviving
surviving
surviving
surviving
surviving
spouse (husband or wife)
children
parents
brothers and sisters of the whole blood
relations of remoter degree


the surviving spouse is entitled to the largest part
of the estate, the rest distributed in the above
order
if a person leaves no relatives whatsoever, the
property goes to the Crown
1. to die testate/intestate
2. testator
3. testamentary capacity
4. of sound mind
5. alteration (of a will)
6. to alter a will
7. revocation (of a will)
8. to revoke a will
9. codicil
10. estate

to die testate/intestate

testator
testamentary capacity
of sound mind
alteration (of a will)
to alter a will
revocation (of a will)
to revoke a will
codicil
estate
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ostaviti oporuku/umrijeti bez
oporuke
oporučitelj
oporučna sposobnost
mentalno zdrav
izmjena oporuke
izmijeniti oporuku
opoziv oporuke
opozvati oporuku
dodatak oporuci
imovina, ostavinska masa
1.
devise, legacy/bequest
2.
pecuniary bequest
3.
residue
4.
spouse
5.
executor (of a will)
6.
administrator (of the estate)
7.
beneficiary (of the estate)
8.
probate
9.
forced estate
• devise, legacy/bequest – oporučni dar, ostavština
• pecuniary bequest – novčana ostavština
• residue - ostatak
• spouse - supružnik
• executor (of a will) – izvršitelj oporuke
• administrator (of the estate) – upravitelj imovine
• beneficiary (of the estate) - nasljednik
• probate – sudska ovjera oporuke
• forced estate – nužni dio
I, EDWARD COKE, of 14 Acacia Avenue, Oxbridge, in the County of Somerset,
company director, HEREBY REVOKE all Wills and testamentary
documents heretofore made by me AND DECLARE this to be my LAST
WILL
1.
I APPOINT my wife Gladys Coke, and my solicitor, Thomas B. Macaulay,
to be jointly the executors of this my will.
2.
I DEVISE my freehold cottage known as THE LILACS, at Tone Dale,
Oxbridge, unto my son, Hugh Coke, in fee simple.
3.
I BEQUEATH the following specific legacies:
1.
2.
3.
4.
To my son, John Coke, any motor-car I may own at the date of my death.
To my daughter, Carolyn Coke, all my ordinary shares in the company known
as Imperial Chemical Industries plc.
To my said wife all my personal chattels not hereby bequeathed for her
absolute use and benefit.
I BEQUEATH the following pecuniary legacies:
1.
2.
To my daughter Rosalyn Coke the sum of Three Thousand Pounds
To my daughter Elizabeth Coke the sum of Three Thousand Pounds
5.
I DEVISE AND BEQUEATH all the residue of my real and personal estate
whatsoever and wheresoever not hereby or by any codicil hereto
otherwise expressly disposed of as to my freeholds in fee simple and as to
my personal estate absolutely unto my said wife Gladys Coke for her own
absolute use and benefit.
IN WITNESS whereof I the said Edward Coke the Testator have to this my
LAST WILL set my hand this thirty-first day of March One Thousand Nine
Hundred and Ninety-Three.
SIGNED AND ACKNOWLEDGED by the above-named Edward Coke the
Testator as and for his LAST WILL in the presence of us both present at
the same time who at his request in his presence and in the presence of
each other have hereunto subscribed our names as witnesses:
(signatures)
Thank you for your attention!