Lecturer: Miljen Matijašević
e-mail: miljen.matijasevic@gmail.com
G10, room 6, Tue 15:30-16:30
Session 1, 14 Oct 2014
Unit 24
 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)
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
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


LEGACY/BEQUEST


land and real property owned by the testator
any other form of property (e.g. cars, pecuniary bequests)
RESIDUE

all that remains after all the debts have been paid
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 spouse (husband or wife)
surviving children
surviving parents
surviving brothers and sisters of the whole blood
surviving 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
• 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
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

ostaviti oporuku, umrijeti bez oporuke
oporučitelj
sposobnost sastavljanja oporuke
mentalno zdrav
izmjena oporuke
izmijeniti oporuku
opoziv oporuke
opozvati oporuku
dodatak oporuci
imovina
• devise, legacy/bequest
• pecuniary bequest
• residue
• spouse
• executor (of a will)
• administrator (of the estate)
• beneficiary (of the estate)
• probate
• capital transfer tax
devise, legacy/bequest
 pecuniary bequest
 residue
 spouse
 executor (of a will)
 administrator (of the
estate)
 beneficiary (of the estate)
 probate
 capital transfer tax

ostavština, oporučni dar
novčana ostavina
ostatak
supružnik
izvršitelj oporuke
upravitelj imanja
nasljednik
sudska ovjera oporuke
porez na prijenos kapitala
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:
4.
1.
To my son, John Coke, any motor-car I may own at the date of my death.
2.
To my daughter, Carolyn Coke, all my ordinary shares in the company known as
Imperial Chemical Industries plc.
3.
To my said wife all my personal chattels not hereby bequeathed for her absolute use
and benefit.
I BEQUEATH the following pecuniary legacies:
1.
To my daughter Rosalyn Coke the sum of Three Thousand Pounds
2.
To my daughter Elizabeth Coke the sum of Three Thousand Pounds
1.
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 NinetyThree.
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!