This document provides an overview of probate law, wills, trusts, and estate planning. It defines key terms like probate, will, bequest, devise, beneficiaries, and heirs. It describes the formal requirements for executing a valid will, including being in writing, signed by the testator, and witnessed. It also discusses revoking or changing a will, contesting a will, dying without a will, and the rights of surviving spouses and other heirs under intestacy laws. The document uses examples from North Carolina probate code to illustrate concepts like will execution requirements, elective share rights for spouses, and rules of intestate succession.
This document provides an overview and summary of South African law of succession. It discusses key concepts such as:
1) Intestate succession - how an estate is distributed when someone dies without a will. The rules of intestate succession are regulated by the Intestate Succession Act and depend on the deceased's family relationships.
2) Testamentary succession - how an estate is distributed according to a will. A will must meet certain formalities to be valid like being signed by the deceased and witnesses.
3) Amending and revoking wills - the processes and formalities for amending or revoking an existing will in South Africa. A will can be expressly or tacitly revoked through subsequent actions
Matrimonial Remedies Under Hindu Marriage Act,1955Rashmi Dubey
This document discusses the Hindu Marriage Act of 1955 and the matrimonial remedies it provides. It focuses on the remedy of restitution of conjugal rights under Section 9 of the Act. This allows an aggrieved spouse to petition the court if the other spouse withdraws from their society without reasonable excuse. The document discusses what constitutes a valid withdrawal, reasonable excuses, cases related to employment interfering with marital obligations, and that reasons must be weighed based on circumstances in modern times.
Estate Planning for the Non Traditional FamilyBarry Siegal
Historically, most estate plans revolved around the nuclear family structure of husband and wife who were married for the first time and children that were born of that marriage.
Over the course of the last 20 plus years, divorce rates have increased, more opposite-sex couples are opting to live together without getting married, and there is a greater awareness of same sex couples who are committed to each other. In these situations the traditional approach of estate planning is not always appropriate.
For purposes of this presentation, the “non-traditional family” consists of either a same sex couple, whether or not recognized as “married” for state law purposes, as well as the opposite sex couple who are committed to each other, but for one reason or another have decided not to get married.
1 Although opposite sex couples who have previously been married and have children by a prior marriage are also considered a “non-traditional family” and have unique issues, this relationship will not be addressed in this presentation.
This document contains an affidavit form for successors claiming a decedent's personal property without probate. It advises completing the form privately and not on a public computer. The form requires successors to provide their name and address and relationship to the deceased. It limits claims to estates worth less than $100,000 where debts have been paid, at least 10 days have passed since notifying other successors, and 40 days have passed since the death. Successors must check if they are solely entitled to the property or accepting it on behalf of all successors with written authorization.
This document discusses succession laws in India. It covers the Indian Succession Act of 1925, which governs intestate and testamentary succession for Hindus, Christians, Parsis and Jews. Muslim succession is governed by Muslim personal law derived from Islamic scriptures. The key points are:
1) Succession can be testamentary (with a will) or intestate (without a will). Different laws apply based on religion.
2) The Indian Succession Act of 1925 created common rules for most communities, except Muslims who are governed by Muslim personal law.
3) Muslim law recognizes sharers who receive fixed portions and residuaries who receive remaining portions. It also has rules around legitimacy of
Divorce under Hindu law can be granted on three grounds: fault, mutual consent, or irretrievable breakdown of marriage. Fault-based divorce requires proving offenses like adultery, cruelty, desertion, etc. by one spouse. Consent divorce requires mutual agreement. Irretrievable breakdown divorce applies when spouses have lived separately for years and reconciliation is not possible. Additional grounds for wives include pre-existing polygamous marriages, certain physical/sexual offenses by the husband, and repudiation of underage marriages.
The concept of Marriage under Private International Lawcarolineelias239
Marriage is a broad concept under Private international law. Many new rules had been laid down in various decisions, which had developed the international matrimonial law. The relevancy of monogamous or polygamous marriages. And the validity matters like formal validity and essential validity is also discussed here
This document provides an overview and summary of South African law of succession. It discusses key concepts such as:
1) Intestate succession - how an estate is distributed when someone dies without a will. The rules of intestate succession are regulated by the Intestate Succession Act and depend on the deceased's family relationships.
2) Testamentary succession - how an estate is distributed according to a will. A will must meet certain formalities to be valid like being signed by the deceased and witnesses.
3) Amending and revoking wills - the processes and formalities for amending or revoking an existing will in South Africa. A will can be expressly or tacitly revoked through subsequent actions
Matrimonial Remedies Under Hindu Marriage Act,1955Rashmi Dubey
This document discusses the Hindu Marriage Act of 1955 and the matrimonial remedies it provides. It focuses on the remedy of restitution of conjugal rights under Section 9 of the Act. This allows an aggrieved spouse to petition the court if the other spouse withdraws from their society without reasonable excuse. The document discusses what constitutes a valid withdrawal, reasonable excuses, cases related to employment interfering with marital obligations, and that reasons must be weighed based on circumstances in modern times.
Estate Planning for the Non Traditional FamilyBarry Siegal
Historically, most estate plans revolved around the nuclear family structure of husband and wife who were married for the first time and children that were born of that marriage.
Over the course of the last 20 plus years, divorce rates have increased, more opposite-sex couples are opting to live together without getting married, and there is a greater awareness of same sex couples who are committed to each other. In these situations the traditional approach of estate planning is not always appropriate.
For purposes of this presentation, the “non-traditional family” consists of either a same sex couple, whether or not recognized as “married” for state law purposes, as well as the opposite sex couple who are committed to each other, but for one reason or another have decided not to get married.
1 Although opposite sex couples who have previously been married and have children by a prior marriage are also considered a “non-traditional family” and have unique issues, this relationship will not be addressed in this presentation.
This document contains an affidavit form for successors claiming a decedent's personal property without probate. It advises completing the form privately and not on a public computer. The form requires successors to provide their name and address and relationship to the deceased. It limits claims to estates worth less than $100,000 where debts have been paid, at least 10 days have passed since notifying other successors, and 40 days have passed since the death. Successors must check if they are solely entitled to the property or accepting it on behalf of all successors with written authorization.
This document discusses succession laws in India. It covers the Indian Succession Act of 1925, which governs intestate and testamentary succession for Hindus, Christians, Parsis and Jews. Muslim succession is governed by Muslim personal law derived from Islamic scriptures. The key points are:
1) Succession can be testamentary (with a will) or intestate (without a will). Different laws apply based on religion.
2) The Indian Succession Act of 1925 created common rules for most communities, except Muslims who are governed by Muslim personal law.
3) Muslim law recognizes sharers who receive fixed portions and residuaries who receive remaining portions. It also has rules around legitimacy of
Divorce under Hindu law can be granted on three grounds: fault, mutual consent, or irretrievable breakdown of marriage. Fault-based divorce requires proving offenses like adultery, cruelty, desertion, etc. by one spouse. Consent divorce requires mutual agreement. Irretrievable breakdown divorce applies when spouses have lived separately for years and reconciliation is not possible. Additional grounds for wives include pre-existing polygamous marriages, certain physical/sexual offenses by the husband, and repudiation of underage marriages.
The concept of Marriage under Private International Lawcarolineelias239
Marriage is a broad concept under Private international law. Many new rules had been laid down in various decisions, which had developed the international matrimonial law. The relevancy of monogamous or polygamous marriages. And the validity matters like formal validity and essential validity is also discussed here
This document discusses whether breach of promise to marry should remain a cause of action in Malaysian courts. It begins by explaining that in England, the Law Reform (Miscellaneous Provisions) Act 1970 abolished this cause of action, but notes that Malaysian law is not bound by English legislation due to cut-off dates under Section 3 of the Civil Law Act. The document then provides arguments for why breach of promise to marry remains a valid cause of action in Malaysia, such as to uphold the integrity of promises made and award exemplary damages for distress caused by breaches. Case examples are discussed throughout to support keeping this as a cause of action.
The document summarizes key provisions of the Hindu Marriage Act of 1955 in India. It outlines conditions for marriage such as neither party having a living spouse or being mentally unfit. It describes marriage ceremonies that must include seven steps around a sacred fire to be complete. It also discusses registering marriages with the state for proof. The document notes that courts may decree restitution of conjugal rights if one spouse withdraws without reasonable excuse or grant judicial separation if certain grounds are met.
The document summarizes key changes brought by the Hindu Succession Amendment Act of 2005 to the original Hindu Succession Act of 1956. The 2005 amendment aims to remove gender discrimination by giving daughters equal rights to ancestral coparcenary property as sons. It provides that daughters, like sons, have birthright as coparceners in joint Hindu family property. However, this does not apply retroactively to married daughters before 2005. The amendment also makes women's inheritance rights in agricultural land equal to men's. It removes other discriminatory provisions regarding female inheritance and rights to the parental dwelling house.
The document discusses the legal remedy of "restitution of conjugal rights" under Section 9 of the Hindu Marriage Act in India. It was introduced by the British for social reforms and allows the aggrieved spouse to petition a district court if the other spouse withdraws from the marriage without reasonable excuse. The key points covered include: the historical background of this remedy; the essential conditions for filing a petition; what constitutes reasonable withdrawal; valid defenses; the burden of proof; and consequences if the spouses do not cohabit after a decree is granted.
A brief of the legal provisions governing the dowry law applicable in India. The parents, relatives and friends of both bride and groom are liable under the Act
Maintenance under hindu_marriage_act-1955Trisom Sahu
The most challenging part when the situation of separation of married couples comes in front of the court is to decide the maintenance keeping in view that the rights of each of the party is not hampered.
Therefore, the legislators took the pain of inserting the sections regarding to maintenance in the Hindu Marriage Act-1955. In this paper I will be throwing some light on the various provision of the Hindu Marriage Act - 1955 which concern the maintenance and the interpretations made by various courts of law in India.
The maintenance is mainly described explicitly in section 24 and section 25 of the Hindu Marriage Act-1955.
Sec.24 emphasizes on maintenance pendente lite and expenses of the proceedings and sec. 25 talks about the permanent alimony under the Hindu Marriage Act-1955.
Maintenance Pendente lite and expenses of proceedings (Sec.24): -
The provision for maintenance pendente lite and expenses of proceedings is given in section 24 of the Hindu Marriage Act - 1955, which is stated as follows: -
24.Maintenance pendente lite and expenses of proceedings: - Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable:
[Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.]
Legislative Changes: -
An addition of a provision was done was done to the existing section in 2001 by providing for disposal of maintenance pendente lite and expenses of the proceeding within a period of 60 days from the date of service of the notice on the wife or the husband.
Objective of Section - 24: -
The provision of maintenance pendente lite is created by the legislators to provide financial assistance to the indigent spouse to maintain herself or himself during the pendency of the proceedings and also to have sufficient funds to carry on the litigation without suffering unduly due to shortage of funds. In the case of Hema v S. Lakshmana Bhat the Kerela High court held that husband too can claim for alimony pendente lite. The court in this case observed that in providing for alimony or maintenance pendente lite for both the spouse the concept of equality has been introduced in maintenance proceedings.
The rationale of the Sec.24 is to provide financial assistance to the indigent spouse and to ensure that no material fact or evidences is concealed due the financial incap
Order denying plaintiffs’ emergency motion to clarify scope of preliminary in...Honolulu Civil Beat
The United States District Court for Hawaii denied the plaintiffs' emergency motion to clarify the scope of the preliminary injunction regarding President Trump's executive order banning travel from several Muslim-majority countries. The court determined that the disagreements between the parties arose from the Supreme Court's modification of the injunction, not the district court's own orders. As such, any clarification should be sought from the Supreme Court, not the district court. The district court declined to interpret or substitute its understanding for the Supreme Court's own ruling modifying the injunction.
Nature of parsi and christian marriageapoorvalegal
This document provides an overview of marriage under Parsi and Christian law in India. It defines Parsis as Zoroastrians who settled in India to escape persecution in Persia and follow the teachings of good thoughts, words and deeds. Christians are defined as those who are baptized. Both Parsi and Christian marriages are considered contracts, though Parsi marriages require an additional religious ceremony. The document outlines grounds for divorce and judicial separation under both legal systems, such as adultery, desertion, and cruelty. It concludes that while personal laws differ in rights, a Uniform Civil Code could help curb inequality and solidify India as a secular state.
The document discusses void marriages under the Hindu Marriage Act of 1955. It defines a void marriage as one that contravenes sections 5(i), 5(iv), or 5(v) of the Act. Section 5(i) prohibits a marriage if either party already has a living spouse. Section 5(iv) prohibits a marriage within a degree of prohibited relationship, unless permitted by custom. Section 5(v) prohibits a marriage between sapindas, or close kin, unless permitted by custom. A marriage that violates any of these conditions can be declared void by court decree under section 11 of the Act.
Restitution of conjugal rights a comparativestudySunit Kapoor
1. Restitution of conjugal rights (RCR) allows a spouse to petition a court to order the other spouse to resume living together if they have withdrawn from the marriage without reasonable cause.
2. The concept originated under British rule in India and was later codified under various personal laws like the Hindu Marriage Act.
3. Under these laws, RCR can be ordered if the petitioner proves withdrawal without cause, though reasonable excuses include cruelty, failure to perform marital duties, or non-payment of dowry under Muslim law. Constitutional challenges to RCR have been rejected by courts.
PPT comprises of detailed position of personal and general law on Maintenance, with the specifications as to who are the claimants, criteria of claim and reformation in law, by judiciary.
This document summarizes the Dowry Prohibition Act of 1961 in India, which aims to prohibit the practice of dowry. Some key points:
- It defines dowry as any property or valuable security given by one party to a marriage to the other party, before, during or after the marriage. This does not include customary gifts or dower/mahr for Muslims.
- Giving or taking dowry is punishable by imprisonment of at least 5 years and a fine. Demanding dowry is punishable by 6 months to 2 years imprisonment and a fine.
- Advertising property/money shares for marriage is punishable by 6 months to 5 years imprisonment and a fine.
The Matrimonial Causes Act of 1973 aimed to make irretrievable breakdown of the marriage the sole ground for divorce, replacing matrimonial offenses. However, the Act still requires petitioners to prove one of five facts for a divorce, including adultery, unreasonable behavior, desertion, two years separation with consent, or five years separation. Case law has shown how courts have applied these requirements strictly, denying divorces where a fact was not fully proven, even if breakdown was apparent. The most common grounds alleged are still behavior and adultery, together making up over 70% of divorce petitions.
The document outlines the procedures and conditions for solemnizing special marriages and registering marriages that were celebrated in other forms under the Special Marriage Act of India. Key points include:
1) Marriages can be solemnized if certain conditions are met, such as neither party having a living spouse, being of sound mind, being within prohibited degrees of relationship, and meeting the minimum age requirements.
2) Parties must provide notice of their intended marriage and this notice is published to allow for any objections.
3) If objections are made, the Marriage Officer will inquire and make a determination on whether the marriage can be solemnized, which can be appealed.
4) Marriages must be solemnized in
This document discusses divorce under Hindu marriage law in India. It begins by defining divorce as the legal process of dissolving a marriage and returning the parties to unmarried status. The main grounds for divorce under Section 13 of the Hindu Marriage Act are adultery, cruelty, and desertion. Adultery is defined as sexual intercourse between a married person and someone other than their spouse. Cruelty includes both physical and mental cruelty, with several examples provided such as abuse, threats, insults, and refusal to live together. Desertion is the abandonment of a spouse without reasonable cause for at least two years. The document provides details on proving the grounds for divorce and case law examples for interpreting key terms like adultery, cruelty,
Restitution of conjugal_rights_bangladesh_._lastpptxShahjada Zihad
The document discusses the legal right to restitution of conjugal rights in Bangladesh. Some key points:
- Either spouse can sue the other for restitution of conjugal rights if the other party withdraws from living together without valid reason. This right exists under Muslim, Hindu, and Christian laws in Bangladesh.
- However, the courts have discretion and may refuse an order if there is cruelty, violence, lack of safety, or other reasonable excuses.
- Some court cases found that a unilateral plea for restitution of conjugal rights by a husband against a unwilling wife violates principles of equality and women's rights under the Bangladesh constitution. However, other cases upheld the law as constitutional.
Christianity has a long history in Bangladesh. Christians follow the teachings of Jesus Christ and are divided into Roman Catholics and Protestants. The main source of Christian law is the Bible. Civil laws from the British era also apply to Christians. Under Christian marriage law, marriage is considered a lifelong union, though divorce is allowed under certain circumstances. The laws provide different grounds for divorce for men and women, discriminating against women. Reforms have been proposed to make the laws more equal.
Mahendravada Sai Chand is seeking a position as an IT Technical Recruiter. He has over 5 years of experience in recruiting IT professionals for various roles. He is proficient at sourcing candidates through online resources and managing multiple recruiting tasks. He has experience recruiting for financial, healthcare, pharma and IT industries. Some of his responsibilities include building resume databases, sourcing candidates, and working with candidates of various experience levels and technologies. He has strong communication, analytical, and problem-solving skills that would be an asset to an organization.
This document contains the resume of Shaik Shahensa Bukari. It summarizes her objective of seeking a challenging position utilizing her GIS knowledge and experience. It lists her job responsibilities including using GIS software and analyzing spatial data. It also provides details of her projects involving GIS mapping and analysis for infrastructure and natural resource management. Finally, it outlines her educational qualifications and skills in GIS, remote sensing, database creation, and communication.
Este documento contiene una lista de nombres de personas importantes en la historia de México, incluyendo luchadores por la independencia como Miguel Hidalgo y Morelos, así como presidentes como Guadalupe Victoria, Benito Juárez y Porfirio Díaz. La lista también incluye a la monja y poetisa Sor Juana Inés de la Cruz y al revolucionario Emiliano Zapata.
This document discusses whether breach of promise to marry should remain a cause of action in Malaysian courts. It begins by explaining that in England, the Law Reform (Miscellaneous Provisions) Act 1970 abolished this cause of action, but notes that Malaysian law is not bound by English legislation due to cut-off dates under Section 3 of the Civil Law Act. The document then provides arguments for why breach of promise to marry remains a valid cause of action in Malaysia, such as to uphold the integrity of promises made and award exemplary damages for distress caused by breaches. Case examples are discussed throughout to support keeping this as a cause of action.
The document summarizes key provisions of the Hindu Marriage Act of 1955 in India. It outlines conditions for marriage such as neither party having a living spouse or being mentally unfit. It describes marriage ceremonies that must include seven steps around a sacred fire to be complete. It also discusses registering marriages with the state for proof. The document notes that courts may decree restitution of conjugal rights if one spouse withdraws without reasonable excuse or grant judicial separation if certain grounds are met.
The document summarizes key changes brought by the Hindu Succession Amendment Act of 2005 to the original Hindu Succession Act of 1956. The 2005 amendment aims to remove gender discrimination by giving daughters equal rights to ancestral coparcenary property as sons. It provides that daughters, like sons, have birthright as coparceners in joint Hindu family property. However, this does not apply retroactively to married daughters before 2005. The amendment also makes women's inheritance rights in agricultural land equal to men's. It removes other discriminatory provisions regarding female inheritance and rights to the parental dwelling house.
The document discusses the legal remedy of "restitution of conjugal rights" under Section 9 of the Hindu Marriage Act in India. It was introduced by the British for social reforms and allows the aggrieved spouse to petition a district court if the other spouse withdraws from the marriage without reasonable excuse. The key points covered include: the historical background of this remedy; the essential conditions for filing a petition; what constitutes reasonable withdrawal; valid defenses; the burden of proof; and consequences if the spouses do not cohabit after a decree is granted.
A brief of the legal provisions governing the dowry law applicable in India. The parents, relatives and friends of both bride and groom are liable under the Act
Maintenance under hindu_marriage_act-1955Trisom Sahu
The most challenging part when the situation of separation of married couples comes in front of the court is to decide the maintenance keeping in view that the rights of each of the party is not hampered.
Therefore, the legislators took the pain of inserting the sections regarding to maintenance in the Hindu Marriage Act-1955. In this paper I will be throwing some light on the various provision of the Hindu Marriage Act - 1955 which concern the maintenance and the interpretations made by various courts of law in India.
The maintenance is mainly described explicitly in section 24 and section 25 of the Hindu Marriage Act-1955.
Sec.24 emphasizes on maintenance pendente lite and expenses of the proceedings and sec. 25 talks about the permanent alimony under the Hindu Marriage Act-1955.
Maintenance Pendente lite and expenses of proceedings (Sec.24): -
The provision for maintenance pendente lite and expenses of proceedings is given in section 24 of the Hindu Marriage Act - 1955, which is stated as follows: -
24.Maintenance pendente lite and expenses of proceedings: - Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable:
[Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.]
Legislative Changes: -
An addition of a provision was done was done to the existing section in 2001 by providing for disposal of maintenance pendente lite and expenses of the proceeding within a period of 60 days from the date of service of the notice on the wife or the husband.
Objective of Section - 24: -
The provision of maintenance pendente lite is created by the legislators to provide financial assistance to the indigent spouse to maintain herself or himself during the pendency of the proceedings and also to have sufficient funds to carry on the litigation without suffering unduly due to shortage of funds. In the case of Hema v S. Lakshmana Bhat the Kerela High court held that husband too can claim for alimony pendente lite. The court in this case observed that in providing for alimony or maintenance pendente lite for both the spouse the concept of equality has been introduced in maintenance proceedings.
The rationale of the Sec.24 is to provide financial assistance to the indigent spouse and to ensure that no material fact or evidences is concealed due the financial incap
Order denying plaintiffs’ emergency motion to clarify scope of preliminary in...Honolulu Civil Beat
The United States District Court for Hawaii denied the plaintiffs' emergency motion to clarify the scope of the preliminary injunction regarding President Trump's executive order banning travel from several Muslim-majority countries. The court determined that the disagreements between the parties arose from the Supreme Court's modification of the injunction, not the district court's own orders. As such, any clarification should be sought from the Supreme Court, not the district court. The district court declined to interpret or substitute its understanding for the Supreme Court's own ruling modifying the injunction.
Nature of parsi and christian marriageapoorvalegal
This document provides an overview of marriage under Parsi and Christian law in India. It defines Parsis as Zoroastrians who settled in India to escape persecution in Persia and follow the teachings of good thoughts, words and deeds. Christians are defined as those who are baptized. Both Parsi and Christian marriages are considered contracts, though Parsi marriages require an additional religious ceremony. The document outlines grounds for divorce and judicial separation under both legal systems, such as adultery, desertion, and cruelty. It concludes that while personal laws differ in rights, a Uniform Civil Code could help curb inequality and solidify India as a secular state.
The document discusses void marriages under the Hindu Marriage Act of 1955. It defines a void marriage as one that contravenes sections 5(i), 5(iv), or 5(v) of the Act. Section 5(i) prohibits a marriage if either party already has a living spouse. Section 5(iv) prohibits a marriage within a degree of prohibited relationship, unless permitted by custom. Section 5(v) prohibits a marriage between sapindas, or close kin, unless permitted by custom. A marriage that violates any of these conditions can be declared void by court decree under section 11 of the Act.
Restitution of conjugal rights a comparativestudySunit Kapoor
1. Restitution of conjugal rights (RCR) allows a spouse to petition a court to order the other spouse to resume living together if they have withdrawn from the marriage without reasonable cause.
2. The concept originated under British rule in India and was later codified under various personal laws like the Hindu Marriage Act.
3. Under these laws, RCR can be ordered if the petitioner proves withdrawal without cause, though reasonable excuses include cruelty, failure to perform marital duties, or non-payment of dowry under Muslim law. Constitutional challenges to RCR have been rejected by courts.
PPT comprises of detailed position of personal and general law on Maintenance, with the specifications as to who are the claimants, criteria of claim and reformation in law, by judiciary.
This document summarizes the Dowry Prohibition Act of 1961 in India, which aims to prohibit the practice of dowry. Some key points:
- It defines dowry as any property or valuable security given by one party to a marriage to the other party, before, during or after the marriage. This does not include customary gifts or dower/mahr for Muslims.
- Giving or taking dowry is punishable by imprisonment of at least 5 years and a fine. Demanding dowry is punishable by 6 months to 2 years imprisonment and a fine.
- Advertising property/money shares for marriage is punishable by 6 months to 5 years imprisonment and a fine.
The Matrimonial Causes Act of 1973 aimed to make irretrievable breakdown of the marriage the sole ground for divorce, replacing matrimonial offenses. However, the Act still requires petitioners to prove one of five facts for a divorce, including adultery, unreasonable behavior, desertion, two years separation with consent, or five years separation. Case law has shown how courts have applied these requirements strictly, denying divorces where a fact was not fully proven, even if breakdown was apparent. The most common grounds alleged are still behavior and adultery, together making up over 70% of divorce petitions.
The document outlines the procedures and conditions for solemnizing special marriages and registering marriages that were celebrated in other forms under the Special Marriage Act of India. Key points include:
1) Marriages can be solemnized if certain conditions are met, such as neither party having a living spouse, being of sound mind, being within prohibited degrees of relationship, and meeting the minimum age requirements.
2) Parties must provide notice of their intended marriage and this notice is published to allow for any objections.
3) If objections are made, the Marriage Officer will inquire and make a determination on whether the marriage can be solemnized, which can be appealed.
4) Marriages must be solemnized in
This document discusses divorce under Hindu marriage law in India. It begins by defining divorce as the legal process of dissolving a marriage and returning the parties to unmarried status. The main grounds for divorce under Section 13 of the Hindu Marriage Act are adultery, cruelty, and desertion. Adultery is defined as sexual intercourse between a married person and someone other than their spouse. Cruelty includes both physical and mental cruelty, with several examples provided such as abuse, threats, insults, and refusal to live together. Desertion is the abandonment of a spouse without reasonable cause for at least two years. The document provides details on proving the grounds for divorce and case law examples for interpreting key terms like adultery, cruelty,
Restitution of conjugal_rights_bangladesh_._lastpptxShahjada Zihad
The document discusses the legal right to restitution of conjugal rights in Bangladesh. Some key points:
- Either spouse can sue the other for restitution of conjugal rights if the other party withdraws from living together without valid reason. This right exists under Muslim, Hindu, and Christian laws in Bangladesh.
- However, the courts have discretion and may refuse an order if there is cruelty, violence, lack of safety, or other reasonable excuses.
- Some court cases found that a unilateral plea for restitution of conjugal rights by a husband against a unwilling wife violates principles of equality and women's rights under the Bangladesh constitution. However, other cases upheld the law as constitutional.
Christianity has a long history in Bangladesh. Christians follow the teachings of Jesus Christ and are divided into Roman Catholics and Protestants. The main source of Christian law is the Bible. Civil laws from the British era also apply to Christians. Under Christian marriage law, marriage is considered a lifelong union, though divorce is allowed under certain circumstances. The laws provide different grounds for divorce for men and women, discriminating against women. Reforms have been proposed to make the laws more equal.
Mahendravada Sai Chand is seeking a position as an IT Technical Recruiter. He has over 5 years of experience in recruiting IT professionals for various roles. He is proficient at sourcing candidates through online resources and managing multiple recruiting tasks. He has experience recruiting for financial, healthcare, pharma and IT industries. Some of his responsibilities include building resume databases, sourcing candidates, and working with candidates of various experience levels and technologies. He has strong communication, analytical, and problem-solving skills that would be an asset to an organization.
This document contains the resume of Shaik Shahensa Bukari. It summarizes her objective of seeking a challenging position utilizing her GIS knowledge and experience. It lists her job responsibilities including using GIS software and analyzing spatial data. It also provides details of her projects involving GIS mapping and analysis for infrastructure and natural resource management. Finally, it outlines her educational qualifications and skills in GIS, remote sensing, database creation, and communication.
Este documento contiene una lista de nombres de personas importantes en la historia de México, incluyendo luchadores por la independencia como Miguel Hidalgo y Morelos, así como presidentes como Guadalupe Victoria, Benito Juárez y Porfirio Díaz. La lista también incluye a la monja y poetisa Sor Juana Inés de la Cruz y al revolucionario Emiliano Zapata.
The document discusses HTML5 support in various web browsers. It provides test scores out of 555 for different browsers like Chrome, Firefox, Internet Explorer, Opera and Safari to indicate how well each browser supports HTML5 specifications. It then details support for various HTML5 features in each browser, such as sections elements, microdata, geolocation, video playback, WebGL, WebRTC and more. The test results and feature support details allow users to compare HTML5 compatibility across browsers.
1. Laporan fieldtrip meninjau hama penyakit tanaman wortel di Garut
2. Salah satu penyakit yang diamati adalah Cercospora sp yang menyebabkan bercak daun
3. Pengendalian menggunakan varietas tahan, sanitasi, rotasi tanaman dan fungisida
This chapter discusses how to represent threads and draw nuts and bolts using simplified symbols in AutoCAD. It will cover using straight visible and hidden lines to draw a simplified thread representation. AutoCAD has a limited selection of predefined nuts and bolts available in the Mechanical Tool palette that can be used.
Презентация с совместного бизнес-завтрака Berner&Stafford и Ёлва.
Увлекательный кейс, как B2B компания улучшает свои продажи, используя методологию Sales Drive Management, а также возможности Microsoft Dynamics CRM и решения для автоматизации маркетинга ClickDimensions.
Ссылки:
Ёлва: http://www.yolva-it.ru
ClickDimensions: http://clickdimensions.yolva-it.ru
Berner&Stafford: http://bernerandstafford.ru
How to apply industrial safety standard in myanmar 241212Aye Nyein
This document outlines plans to implement international safety standards in Myanmar. It discusses current occupational safety and health (OSH) frameworks around the world and in the region. The current OSH framework in Myanmar is described. The document proposes preparing a national OSH committee, assisting small businesses, and developing inspector capabilities. It outlines roles for stakeholders like developers, designers, and contractors. A short term plan includes preparing a legal framework and enhancing capabilities, while long term plans aim to secure professionals and achieve safety targets through continuous improvement.
Pendidikan di Finlandia memberikan akses yang setara untuk semua warga negara, dimulai dari pendidikan anak usia dini hingga perguruan tinggi. Sistem pendidikan menitikberatkan pada pengembangan keterampilan praktis siswa dan kualitas guru yang tinggi.
Sistem ekskresi pada manusia meliputi ginjal, hati, kulit, dan paru-paru yang berfungsi mengeluarkan zat sisa metabolisme tubuh seperti urea, asam urat, dan karbon dioksida melalui urine, keringat, napas, dan empedu.
Philips Lighting has a dominant market share in India's lighting industry and sees digital strategy as important for future growth. Currently, Philips has an informative website and active social media presence. Past campaigns like lighting up landmarks and a music video have been successful at generating engagement. However, the document recommends developing a more comprehensive digital content strategy across platforms with more innovative campaigns. Suggestions include topical social media videos, LED billboards, digital promotions of other products, and an India-specific blog. A cohesive long-term strategy is needed to better promote products like LED lighting and maximize Philips' digital opportunities for growth in India.
Dokumen tersebut membahas tentang fenomena, aplikasi, sejarah, dan prinsip hidrolika, termasuk contoh aplikasi seperti rem hidrolik, dongkrak hidrolik, pompa hidrolik, dan jembatan hidrolik. Prinsip dasar hidrolika yaitu tekanan yang diberikan pada cairan di dalam ruang tertutup akan tersebar merata ke segala arah dan besarnya sama.
Dokumen tersebut membahas tentang proses pengeluaran pada tubuh manusia meliputi defekasi, ekskresi, dan sekresi. Juga membahas sistem ekskresi tubuh yang mengeluarkan CO2, keringat, dan urine. Organ pengeluaran utama adalah ginjal dan kulit.
Managing Change: Transformation for Productive Public Services 6/12/2016mckenln
The document presents a vision for digital government in local councils by the year 2025. It outlines four key aspects of this vision: 1) Seamless online services that are personalized and accessible on any device; 2) Collaborative and preventative services that encourage social action and enable early intervention; 3) Councils taking an ambitious role in place-shaping and local economic growth through new digital tools; 4) Transformation of how councils work to be more agile, data-driven, and collaborative through partnerships and new ways of working. The vision calls for full digitization of back-office services by 2020 and establishing standards and markets to support digital innovation at a local level.
Managing Change: Transformation for Productive Public Services 6/12/2016mckenln
(1) The document discusses an organization's efforts to improve its culture of continuous improvement. It developed a Continuous Improvement Maturity Model (CIMM) to assess the organization's capabilities and maturity levels.
(2) The CIMM uses a survey with statements across different capability and enabler areas for leaders, process owners, managers and performers to score. It generates an index score that maps to a maturity level.
(3) The organization aims to roll out the CIMM across the company and tie it to its business activity monitoring dashboard to help plan improvements and monitor progress according to the PDCA (plan-do-check-act) cycle.
This document summarizes key aspects of Irish succession and land law. It covers topics like wills and intestacy under the Succession Act 1965, the validity requirements for wills, intestacy rules for distributing property when there is no will, legal rights of spouses and children, and restrictions on freedom of testation including provisions for spouses, children, divorced partners, and disinheritance. Case law precedents and recommended readings are also provided.
The document discusses Indian succession laws and wills. It provides information on:
1) Indian succession laws govern the distribution of a person's property after death if they do not have a will. People should make wills to ensure their wishes are followed.
2) Indian Succession Act 1925 applies to wills made by certain religious groups. A will must be signed by the testator and witnessed by two people.
3) A will sets out how a person's assets will be distributed after their death. It should specify beneficiaries, executors, and guardians for minor children.
This document discusses conflict of laws principles regarding marriage, matrimonial causes, succession, and domicile. It addresses the distinction between formal and essential validity in marriage and notes that formal validity is governed by lex loci celebrationis, while essential validity is governed by the personal laws of the parties. Succession to immovable property is governed by lex situs and succession to movable property is governed by the law of the domicile at death. Domicile is also discussed as an important connecting factor.
This document summarizes potential claims that can be brought under UK law following a fatal accident. There are three main statutes that allow claims: 1) the Law Reform (Miscellaneous Provisions) Act 1934, which covers claims on behalf of the deceased estate; 2) the Fatal Accidents Act 1976, which covers claims made by dependents of the deceased; and 3) the Human Rights Act 1998, in conjunction with Article 2 of the European Convention on Human Rights. The Fatal Accidents Act outlines who can bring a claim and the categories of individuals that are considered dependents. Claims assess lost financial support and lost services to dependents in determining damages.
The document discusses various legal protections for senior citizens and parents in India. It outlines protections under the Indian Constitution to promote social welfare and justice. It also discusses the Hindu Adoptions and Maintenance Act which requires children to maintain their parents. The Muslim law also requires children to maintain indigent parents. For those without personal laws, the Criminal Procedure Code allows parents to seek maintenance. The National Policy for Older Persons and the Maintenance and Welfare of Parents and Senior Citizens Act provide additional legal protections for senior citizens.
John J. Pankauski is a partner with Pankauski Hauser PLLC in West Palm Beach, Florida. Mr. Pankauski has spent over 20 years of his career handling matters involving wills, trusts, estates, probates, and guardianships. His practice is limited to disputes, trials and appeals of such matters. He is AV Preeminent rated by Martindale Hubel.
The document discusses various legal concepts relating to wills and succession in South African law, including:
- A will can be revoked at any time by the testator. A pactum successorium is an invalid agreement to regulate succession. The only exception is an ante nuptial contract.
- There is freedom of succession in SA law, subject to obligations to maintain minor children, a surviving spouse, and accrual rights in married-in-community property. Statutes also place some limitations.
- Substitution allows a second beneficiary to take the place of an original beneficiary if the original cannot inherit to avoid a bequest lapsing. There are different types of direct and fideicommiss
The document invites public comments on proposed operational guidelines for the Administrator-General & Public Trustee Department in Ekiti State. It provides background on the department and its objectives to administer estates of deceased persons who died without a will. The guidelines outline categories of estates covered and procedures for disbursing funds to surviving spouses, children, other relations based on type of marriage and family relationship. Comments from interested parties are requested by January 31, 2014 and can be submitted by post, hand delivery, or email.
Presentation at k3 c womens ministry 180819Musyimi Law
This document provides an overview and summary of property rights, succession law, and matrimonial property law in Kenya. It discusses that the Kenyan Constitution guarantees equal property rights for women, both during and after marriage. Upon death, succession can be either testate (with a will) or intestate (without a will), with intestate succession following specific distribution rules. Matrimonial property includes the family home, household goods, and other jointly acquired property during marriage. Ownership is determined based on each spouse's contributions, whether monetary or non-monetary, and matrimonial property is divided upon divorce.
Testate succession occurs when a valid will made by a person of sound mind ensures their property passes to those they choose after death. A will must meet formal requirements including being made voluntarily without influence, and being properly executed with witnesses. The will can be revoked but a later marriage does not revoke it if contemplating that marriage. If dependents are not provided for reasonably, the court can order provision from the estate based on the deceased's property, the dependents' means and needs, any gifts made, conduct, and reasons for exclusion.
This document summarizes and compares key provisions of Philippine laws regarding adoption, namely the Family Code, Inter-Country Adoption Act of 1995 (RA 8043), and Domestic Adoption Act of 1998 (RA 8552). Some key common provisions include requirements that the adopter be at least 16 years older than the adoptee, a trial custody period of at least 6 months, and that married couples must jointly adopt except in certain circumstances. The laws also specify qualifications for adopters and adoptees, consent requirements, where to file petitions, effects of adoption, availability and grounds for rescission, and effects of rescission.
A est. planning - for us citizens final modifiedgeann123
Robert Wolff presented on issues of estate planning when a person has assets in both the US and Philippines. Some key points:
- A person needs to consider probate processes and estate taxes in both countries which can be complex with assets in multiple locations.
- Planning tools like wills, trusts, beneficiary designations can help distribute assets according to wishes and avoid probate.
- Philippine law has compulsory heir rules so only half an estate can be freely distributed via will; trusts can help avoid this.
- Estate taxes apply differently depending on citizenship and marital status so a person needs tax planning.
A est. planning - for us citizens final modifiedgeann123
This document discusses estate planning issues for individuals with assets in both the United States and the Philippines. It summarizes that estate planning is complicated by different inheritance laws, potential estate taxes, and probate processes in each country. It also outlines some estate planning tools like wills, trusts, and beneficiary designations that can help plan an estate and avoid probate.
1. Extrajudicial settlement of estate refers to the liquidation and distribution of a deceased person's properties without court intervention.
2. Heirs may execute an extrajudicial settlement if the deceased died intestate, had no debts, and all heirs are of age or minors have legal representation.
3. Requisites for a valid extrajudicial settlement include documenting the settlement in a public instrument filed with the register of deeds and publishing the settlement in a newspaper for three consecutive weeks.
Guardianships can provide legal permanency for children in foster care under certain circumstances. They are often seen as more legally durable than custody but more flexible than adoption. Some key issues discussed include the inappropriate use of temporary guardianships to close child welfare cases without providing services, as well as a lack of clear procedures for handling cases transferred from probate to juvenile court. In response, the Division of Family and Children Services implemented a policy prohibiting the pursuit of temporary guardianships during child welfare involvement.
The document summarizes the process for establishing guardianships under Texas law. It discusses: (1) definitions of key terms like guardian, ward, and incapacitated person; (2) the jurisdiction and venue of courts over guardianship proceedings; (3) the required contents of an application to establish a guardianship; (4) the notice and citation requirements; (5) qualifications for who can serve as a guardian and grounds for disqualification; and (6) the required findings and evidentiary standard for appointing a guardian.
This document provides an overview of family relations topics for OFWs including marriage, support obligations, and parental authority. It defines marriage under Philippine law and outlines the essential and formal requisites for a valid marriage. It discusses support obligations between spouses, parents and children, and siblings. Parental authority is defined as caring for and developing children's moral, mental, and physical well-being. The document outlines rules regarding the joint exercise of parental authority and child custody in cases of parental separation.
In this presentation, I discuss the concept of wills, types, and capacity to make wills. I conclude on the formalities of writing a will and how to alter a will. I make references to the Wills Act 1971, Act 360
The document discusses the legal definition and requirements of marriage and family relationships in Australia. It defines marriage as a voluntary union between one man and one woman that creates legal and financial obligations. These obligations include mutual duties of support between spouses, maintenance payments if needed, joint ownership of property, and rules around inheritance for married or de facto couples. The document also outlines the legal requirements for a valid marriage in Australia according to the Marriage Act 1961.
Similar to BUS 116 Chap031 wills trusts and advance directives (20)
This document outlines key concepts regarding sales contracts, including rights and duties of buyers and sellers, breach of contract, and warranties. It defines tender of performance and outlines what is required for proper tender by buyers and sellers. It also discusses remedies available to buyers and sellers in cases of breach, including cover, damages, and price recovery. The document explains express and implied warranties, including how warranties can be excluded, and key provisions of the Magnuson-Moss Warranty Act regarding consumer protections.
Chap015 product liability and consumer protectionneogenesis6
This document discusses various laws and regulations pertaining to product liability, consumer protection, and consumer credit. It defines key concepts like negligence, strict liability, unfair/deceptive practices. It describes agencies like the FTC and laws they enforce including the Consumer Product Safety Act, Truth in Lending Act, and rules around issues like used cars, telemarketing, identity theft. The document also addresses consumer credit laws regarding billing, reporting, and debt collection.
BUS 116 Chap029 personal property and bailmentsneogenesis6
This document provides an overview of personal property and bailments. It defines key terms like tangible and intangible personal property, different types of property ownership including tenancy in common and joint tenancy, and classifications of lost, misplaced and abandoned property. It also explains bailment law including the types of bailments and standards of care for bailees. Special bailments like those involving innkeepers, carriers, and warehouses are described along with their applicable duties and liabilities.
BUS 116 Chap030 real property and landlord tenantneogenesis6
This document provides an overview of key concepts related to real property and landlord/tenant law. It defines different types of real property interests such as estates in land, easements, fixtures, and water rights. It also explains how title to property can be acquired and protected through deeds, adverse possession, and eminent domain. Finally, it outlines the essential elements of the landlord-tenant relationship including different types of leases and tenant interests.
This document outlines key concepts and terms related to insurance. It defines risk management and explains the purpose of insurance is to transfer risk from the insured to the insurer. The main parties to an insurance contract are the insurer, who accepts the risk of loss in exchange for a premium, the insured, who is protected by the policy, and the policy itself, which is the contract. There are several types of insurance discussed, including life, property, health, automobile, and others. The document provides details on concepts like insurable interest, deductibles, and coinsurance. It also explains various types of policies and coverages in more depth.
This document discusses key concepts related to corporate entities. It defines a corporation as a legal entity created by state statute that allows individuals to operate a business. It describes different types of corporations including private, public, and quasi-public corporations. Key elements of incorporation like articles of incorporation, bylaws, and shares are explained. The document also distinguishes between de jure and de facto corporations and discusses piercing the corporate veil.
This document provides an overview of government regulation of corporate business in the United States. It covers the development of federal and state power to regulate business, securities laws like the Securities Act of 1933 and Securities Exchange Act of 1934, antitrust laws like the Sherman Antitrust Act, and the role of agencies such as the SEC and FTC. It also discusses corporate expansion tactics, their treatment under securities and antitrust laws, and circumstances for involuntary or voluntary corporate dissolution.
This document provides an overview of key concepts in corporate governance, including:
- The five main theories of corporate governance: special interest group control, governmental control, independent director control, managerial control, and shareholder democracy.
- The roles and responsibilities of directors, officers, and shareholders. Directors manage the corporation, officers operate it, and shareholders own it.
- Shareholder rights like examining records, receiving dividends, transferring shares, and preemptive rights to purchase new stock offerings.
- Laws and rules governing management responsibilities, like the business judgment rule, fairness rule, and Sarbanes-Oxley Act requiring directors to monitor legal compliance.
BUS 116 Chap025 sole props and partnershipsneogenesis6
This document discusses different types of business organizations including sole proprietorships and partnerships. It defines sole proprietorships and outlines their advantages and disadvantages. It describes the Revised Uniform Partnership Act and elements of a partnership. It explains the differences between entity and aggregate theories of partnership. It discusses partnership formation, property rights, management duties, dissociation vs dissolution, and types of partnerships like limited liability partnerships and limited partnerships.
This document provides an overview of US bankruptcy law, including:
1. Chapter 7 bankruptcy provides for liquidation of assets to pay creditors.
2. Chapter 11 bankruptcy allows businesses to restructure debts while remaining operational.
3. There are eligibility requirements to file for different chapters, including income-based means tests for Chapter 7.
This document provides an overview of mortgages and security interests. It defines key terms like secured vs unsecured loans and security interests. It describes different types of mortgages including conventional, adjustable rate, interest-only, balloon payment, and reverse mortgages. It explains the roles of Fannie Mae, Ginnie Mae, and Freddie Mac in the mortgage market and how securitization contributed to the financial crisis through risky loans like liar loans and NINJA loans. It also covers creating security interests in personal property and requirements for attachment.
This document discusses key concepts related to holders in due course, defenses, and liabilities for negotiable instruments. It defines what makes someone a holder in due course and provides the protections this status grants. Personal defenses that cannot be used against a holder in due course are outlined. Real or universal defenses that can be used against any holder are also defined. The document explains primary and secondary liability for different parties involved in negotiable instruments.
This document provides an overview of negotiable instruments including their purpose and key types. It defines a negotiable instrument as a written and signed document containing an unconditional promise or order to pay a fixed sum of money. The main types discussed are promise instruments like notes and certificates of deposit, and order instruments like drafts/bills of exchange and various types of checks. The document also covers the requirements for an instrument to be negotiable, parties to instruments, transferring instruments through assignment and negotiation, and types of endorsements.
This document outlines key concepts regarding bank-depositor relationships and the check collection process. It discusses the duties of both banks and depositors, including a bank's duty to honor checks and protect funds. The document also describes the check collection process, defining terms like depositary bank, payor bank, and intermediary bank. It explains laws governing checks, like the Check 21 Act, which allows for electronic check processing and substitute checks. The Electronic Funds Transfer Act and consumer protections for electronic banking are also summarized.
BUS 115 Chap008 offer acceptance mutual assentneogenesis6
This document provides an overview of key concepts related to offer, acceptance, and mutual assent in contract law. It defines mutual assent as both parties knowing the contract terms and agreeing to be bound by them. An offer is a proposal indicating a willingness to enter a contract and must demonstrate serious intent, clear terms, and be communicated to the offeree. Acceptance occurs when the offeree agrees to the offeror's terms. Defects like fraud, misrepresentation, mistake, duress or undue influence can undermine mutual assent.
BUS 115 Chap007 contract law essentialsneogenesis6
This document provides an overview of key concepts in contract law. It defines a contract as an agreement between two or more competent parties based on mutual promises to do or refrain from doing something that is neither illegal nor impossible. It discusses the origins of contract law in the law merchant developed by medieval merchants and its adoption into common law. The document outlines the four elements of a valid contract and objectives of contract law to compensate the injured party. It also distinguishes different types of contracts and contractual principles like privity and remedies for breach.
BUS 115 Chap012 third parties, discharge, remediesneogenesis6
This document provides an overview of key concepts relating to third parties and contract discharge and remedies. It discusses the legal rights of intended and incidental third party beneficiaries, as well as the assignment of contract rights and delegation of duties. It also covers various ways a contract can be discharged, such as through performance, agreement between the parties, impossibility of performance, and breach. Remedies for breach are also addressed, including damages, specific performance and injunctive relief.
This document provides an overview of key concepts regarding written contracts, including:
1. It outlines 10 learning objectives related to the Statute of Frauds, contracts that must be in writing, contents of required writings, and legal rules for written contracts.
2. It describes the Statute of Frauds as the law requiring certain contracts to be in writing, and lists the types of contracts that must be in writing, such as contracts that cannot be completed within one year.
3. It explains legal rules for written contracts, including the standard construction rule for interpreting contracts, the parol evidence rule regarding oral statements made before signing, and exceptions to the parol evidence rule.
This document discusses contractual capacity and the capacity of minors to enter into contracts. It defines key concepts like capacity, disaffirmation, and emancipation. It provides examples of types of contracts that minors can void, like executory contracts, and contracts they are liable for, like necessaries. The document also discusses other capacity issues like mental impairment, intoxication, and ratification. It examines cases related to minors' contracts and restrictions on agreements that are considered unlawful.
BUS 115 Chap009 consideration and cyberpaymentsneogenesis6
This document discusses consideration in contracts and cyberpayments. It defines consideration as a bargained-for exchange between parties where each party provides benefits and suffers detriments. Consideration must involve a legal detriment like doing something one is not required to do or refraining from something one can legally do. The document also discusses issues like adequacy of consideration, bargained exchanges, and exceptions to consideration like promissory estoppel. It analyzes cyberpayment options and security issues in light of EU privacy directives.
Charging Fueling & Infrastructure (CFI) Program by Kevin MillerForth
Kevin Miller, Senior Advisor, Business Models of the Joint Office of Energy and Transportation gave this presentation at the Forth and Electrification Coalition CFI Grant Program - Overview and Technical Assistance webinar on June 12, 2024.
Real-time driver monitoring is one of the easiest ways to make fleet management efficient as well as seamless. Connected vehicle solutions such as fleet GPS trackers and associated software help businesses in several ways. Refer to the post below for more details.
Expanding Access to Affordable At-Home EV Charging by Vanessa WarheitForth
Vanessa Warheit, Co-Founder of EV Charging for All, gave this presentation at the Forth Addressing The Challenges of Charging at Multi-Family Housing webinar on June 11, 2024.
Understanding Catalytic Converter Theft:
What is a Catalytic Converter?: Learn about the function of catalytic converters in vehicles and why they are targeted by thieves.
Why are They Stolen?: Discover the valuable metals inside catalytic converters (such as platinum, palladium, and rhodium) that make them attractive to criminals.
Steps to Prevent Catalytic Converter Theft:
Parking Strategies: Tips on where and how to park your vehicle to reduce the risk of theft, such as parking in well-lit areas or secure garages.
Protective Devices: Overview of various anti-theft devices available, including catalytic converter locks, shields, and alarms.
Etching and Marking: The benefits of etching your vehicle’s VIN on the catalytic converter or using a catalytic converter marking kit to make it traceable and less appealing to thieves.
Surveillance and Monitoring: Recommendations for using security cameras and motion-sensor lights to deter thieves.
Statistics and Insights:
Theft Rates by Borough: Analysis of data to determine which borough in NYC experiences the highest rate of catalytic converter thefts.
Recent Trends: Current trends and patterns in catalytic converter thefts to help you stay aware of emerging hotspots and tactics used by thieves.
Benefits of This Presentation:
Awareness: Increase your awareness about catalytic converter theft and its impact on vehicle owners.
Practical Tips: Gain actionable insights and tips to effectively prevent catalytic converter theft.
Local Insights: Understand the specific risks in different NYC boroughs, helping you take targeted preventive measures.
This presentation aims to equip you with the knowledge and tools needed to protect your vehicle from catalytic converter theft, ensuring you are prepared and proactive in safeguarding your property.
Dahua provides a comprehensive guide on how to install their security camera systems. Learn about the different types of cameras and system components, as well as the installation process.
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At Dash Auto Sales & Car Rentals, we take pride in providing top-notch automotive services to residents and visitors alike in Nassau, Bahamas. Whether you're looking to purchase a vehicle, rent a car for your vacation, or embark on an exciting ATV adventure, we have you covered with our wide range of options and exceptional customer service.
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Charging Fueling & Infrastructure (CFI) Program Resources by Cat PleinForth
Cat Plein, Development & Communications Director of Forth, gave this presentation at the Forth and Electrification Coalition CFI Grant Program - Overview and Technical Assistance webinar on June 12, 2024.
Top-Quality AC Service for Mini Cooper Optimal Cooling PerformanceMotor Haus
Ensure your Mini Cooper stays cool and comfortable with our top-quality AC service. Our expert technicians provide comprehensive maintenance, repairs, and performance optimization, guaranteeing reliable cooling and peak efficiency. Trust us for quick, professional service that keeps your Mini Cooper's air conditioning system in top condition, ensuring a pleasant driving experience year-round.
2. 2
Learning Objectives
1. Give details about the sources of probate law and its
relevance to business entities.
2. Explain the formal requirements for executing a will.
3. Determine whether a person who makes a will has the
capacity to do so.
4. Compare the protection of children with the protection
of spouses under the law of wills.
5. Identify the different methods of revoking or changing a
will.
3. 3
Learning Objectives (cont.)
6. Explain the three grounds for contesting a will.
7. Describe who will inherit the property of someone who
dies without a will.
8. Describe the steps to be taken by an executor or
administrator in settling an estate.
9. Discuss the types and purposes of advance directives.
10. Differentiate among the various types of trusts and
determine when they might be used.
4. 4
Sources and Relevance of Probate Law
• Probate
– refers to the process of handling the will and the estate
of a deceased person.
5. 5
Probate Terminology
• Will
– Formal document that governs the transfer of property
at death
• A person who dies with a will is said to die testate.
• A person who dies without a will is said to die
intestate.
6. 6
Probate Terminology
• Bequest (or legacy)
– Personal property that is left by will
• Devise*
– Real property that is left by will
• Beneficiaries
– Those who receive property by will
• Heir
– Broader term referring to a person who inherits property either
under a will or from a person dying without a will
*under uniform probate code, devise refers to both real and personal
property
7. 7
Requirements for Executing a Will
• Vary from state to state
• Formal Requirements:
– in writing
– signed by the testator
– attested to in the testator’s presence by the number of
witnesses established by state law
• Each of the particular statutory requirements of
the state where the will is made must be met for a
will to be valid.
8. 8
Need for Accuracy
• Certain words often used in wills may have a legal
interpretation that is different from their everyday
meaning.
• Care must be taken to describe each bequest and
devise in a manner that will satisfy the legal
definition.
9. 9
Informal Wills
• Holographic will
– One that is not witnessed but is written entirely in the
handwriting of the testator
• Nuncupative wills
– Oral wills made by persons in their last illness or by
soldiers and sailors in actual combat
10. 10
In NC
§ 31-3.2. Kinds of wills.
• (a) Personal property may be bequeathed and real property may be
devised by
– (1) An attested written will which complies with the requirements of G.S.
31-3.3, or
– (2) A holographic will which complies with the requirements of G.S. 31-3.4.
• (b) Personal property may also be bequeathed by a nuncupative will
which complies with the requirements of G.S. 31-3.5. (1953, c. 1098,
s. 2.)
11. 11
§ 31-3.3. Attested written will.
• (a) An attested written will is a written will signed by the testator and attested
by at least two competent witnesses as provided by this section.
• (b) The testator must, with intent to sign the will, do so by signing the will
himself or by having someone else in the testator's presence and at his direction
sign the testator's name thereon.
• (c) The testator must signify to the attesting witnesses that the instrument is
his instrument by signing it in their presence or by acknowledging to them his
signature previously affixed thereto, either of which may be done before the
attesting witnesses separately.
• (d) The attesting witnesses must sign the will in the presence of the testator
but need not sign in the presence of each other. (1953, c. 1098, s.
In NC
12. 12
Protection of Spouses
• Family Allowance (Widow’s allowance)
– an amount of money taken from the decedent’s estate
and given to the family to meet its immediate needs
while the estate is being probated.
• § 30-15. When spouse entitled to allowance.
• Every surviving spouse of an intestate or of a testator, whether or not he or she
has petitioned for an elective share, shall, unless the surviving spouse has
forfeited his or her right thereto, as provided by law, be entitled, out of the
personal property of the deceased spouse, to an allowance of the value of twenty
thousand dollars ($20,000) for the surviving spouse's support for one year after
the death of the deceased spouse. Such allowance shall be exempt from any lien,
by judgment or execution, acquired against the property of the deceased spouse,
and shall, in cases of testacy, be charged against the share of the surviving spouse.
13. 13
Protection of Spouses
• Homestead exemption
– puts the family home beyond the reach of creditors up
to a certain limit ($35,000 in NC, or $60,000 if over 65
years of age and previously owned the house with their
deceased spouse)
• Exempt property
– certain property of a decedent that passes to the
surviving spouse or children and is beyond the reach of
creditors
• Exempt property NC
14. 14
Protection of Spouses
• Forced share (Elective share)
– A surviving spouse who does not like the provisions of a
deceased spouse’s will may choose to take a portion of
the estate set by state statute rather than accept the
amount provided in the will
15. 15
In NC
• § 30-3.1. Right of Elective Share
– (1) If the decedent is not survived by any lineal descendants, one-half of
the Total Net Assets.
– (2) If the decedent is survived by one child, or lineal descendants of one
deceased child, one-half of the Total Net Assets.
– (3) If the decedent is survived by two or more children, or by one or more
children and the lineal descendants of one or more deceased children, or by
the lineal descendants of two or more deceased children, one-third of the
Total Net Assets.
• (b) Reduction of Applicable Share. – In those cases in which the surviving
spouse is a second or successive spouse, and the decedent has one or more lineal
descendants surviving by a prior marriage but there are no lineal descendants
surviving by the surviving spouse, the applicable share as determined in
subsection (a) of this section shall be reduced by one-half.
16. 16
Protection of Children
• Children who can prove that they were mistakenly
(rather than intentionally) left out of a parent’s will
are protected by the laws of most states.
• Adopted children treated as natural children
• Stepchildren do not inherit from a stepparent
unless they have been adopted
17. 17
Revoking and Changing a Will
A will may be revoked in any of the following ways:
1. burning, tearing, canceling, or obliterating the
will with the intent to revoke it
2. executing a new will
3. in some states, the subsequent marriage of the
testator (not in NC)
18. 18
Revoking and Changing a Will
• Codicil
– A formal document used to supplement or change an
existing will
– When properly executed, has the effect of republishing
the will, possibly validating a previously invalid will
19. 19
Contesting a Will
• A will may be contested on any of three grounds:
– improper execution
– unsound mind
– undue influence
• Only persons who would inherit under an earlier
made will or under the law of intestacy are allowed
to contest a will.
20. 20
Dying Without a Will
• Intestate succession
– state laws that contain the rules governing the
allocation of intestate property
– Personal property – distributed according to laws of
state where deceased permanently resided at the time
of death
– Real property – passes according to law where the
property is located
– If no surviving spouse and no blood relatives, estate
escheats to the state
21. 21
Rights of the Surviving Spouse
• § 29-14 (greatly shortened and simplified paraphrase)
• If the intestate has no other descendants/parents,
spouse gets all of the real and personal property
• If the intestate has other descendants, spouse gets
a reduced amount, depending on their number
and nature.
22. 22
Rights of Other Heirs
• § 29-15. Shares of others than surviving spouse.
• Those persons surviving the intestate, other than the surviving spouse, shall take that share of the net estate not distributable
to the surviving spouse, or the entire net estate if there is no surviving spouse, as follows:
• (1) If the intestate is survived by only one child or by only one lineal descendant of only one deceased child, that person
shall take the entire net estate or share, but if the intestate is survived by two or more lineal descendants of only one
deceased child, they shall take as provided in G.S. 29-16; or
• (2) If the intestate is survived by two or more children or by one child and any lineal descendant of one or more deceased
children, or by lineal descendants of two or more deceased children, they shall take as provided in G.S. 29-16; or
• (3) If the intestate is not survived by a child, children or any lineal descendant of a deceased child or children, but is
survived by both parents, they shall take in equal shares, or if either parent is dead, the surviving parent shall take the entire
share; or
• (4) If the intestate is not survived by such children or lineal descendants or by a parent, the brothers and sisters of the
intestate, and the lineal descendants of any deceased brothers or sisters, shall take as provided in G.S. 29-16; or
• (5) If there is no one entitled to take under the preceding subdivisions of this section or under G.S. 29-14,
• a. The paternal grandparents shall take one half of the net estate in equal shares, or, if either is dead, the survivor shall
take the entire one half of the net estate, and if neither paternal grandparent survives, then the paternal uncles and aunts of
the intestate and the lineal descendants of deceased paternal uncles and aunts shall take said one half as provided in G.S.
29-16; and
• b. The maternal grandparents shall take the other one half in equal shares, or if either is dead, the survivor shall take the
entire one half of the net estate, and if neither maternal grandparent survives, then the maternal uncles and aunts of the
intestate and the lineal descendants of deceased maternal uncles and aunts shall take one half as provided in G.S. 29-16; but
• c. If there is no grandparent and no uncle or aunt, or lineal descendant of a deceased uncle or aunt, on the paternal side,
then those of the maternal side who otherwise would be entitled to take one half as hereinbefore provided in this subdivision
shall take the whole; or
• d. If there is no grandparent and no uncle or aunt, or lineal descendant of a deceased uncle or aunt, on the maternal side,
then those on the paternal side who otherwise would be entitled to take one half as hereinbefore provided in this subdivision
shall take the whole. (1959, c. 879, s. 1.)
24. 24
Simultaneous Death
• Uniform Simultaneous Death Act
– contains rules that are followed when the inheritance
of property depends upon the time of death, and there
is nothing to indicate that the parties died other than at
the same time.
25. 25
Simultaneous Death
1. The separately owned property of each person passes as if he or she had survived,
unless a will or trust provides otherwise.
– husband and wife die together in a plane crash, the husband’s individually owned
property passes to his heirs as though his wife were not living at the time of his death.
2. Property owned jointly by both of the deceased is distributed equally.
– half of the couple’s jointly owned property passes to the husband’s heirs; the other
half passes to the wife’s heirs.
3. When the beneficiary of an insurance policy dies at the same time as the deceased,
the proceeds of the insurance policy are payable as if the insured had survived the
beneficiary.
– the wife was the beneficiary on the husband’s life insurance policy. The wife would be
regarded as deceased at the time of the husband’s death. The proceeds of the policy
go to the husband’s estate, unless an alternate beneficiary is named in the policy.
(120-hour rule in NC)
26. 26
Settling an Estate
• When people die owning assets, their estates must
be probated
– settled under the supervision of the court
27. 27
Settling an Estate
• Before an executor or administrator is appointed,
notice of the petition for appointment is published
in a newspaper and sent to all heirs, legatees, and
devisees.
• Anyone with grounds to object may do so.
28. 28
Advance Directives
• Written statements in which people give
instructions for their future medical care if they
become unable to do so themselves.
– Living will
• expresses a person’s wishes regarding life-prolonging medical
treatments, becomes effective upon incapacity
– Health care proxy
• authorizes an agent to make medical treatment decisions in
the event of incapacity
29. 29
–Durable power of attorney
• Document authorizing another person to act on
one’s behalf with words stating that it is to either:
–Survive one’s incapacity
–Become effective when one becomes debilitated
• POA in NC
• Health Care POA NC
Advance Directives (cont.)
30. 30
Trusts
• Legal device by which property is held by one
person (the trustee) for the benefit of another (the
beneficiary)
– Settlor – person who sets up the trust
– Corpus (trust fund) – property held in the trust
31. 31
Types of Trusts
• Testamentary trust
– Created by a will
– Comes into existence only upon the death of the
testator
– Terms and names of trustee and beneficiaries are set
out in the body of the will
– Provision made for final distribution of assets once the
purpose of the trust has been served
32. 32
Types of Trusts
• Living trust, (inter vivos trust)
– Comes into existence while the settlor is alive
– Established by either:
• a conveyance in trust
• a declaration of trust
33. 33
Types of Trusts
• Conveyance in trust
– Settlor conveys away the legal title to a trustee to hold
for the benefit of either the settlor or another as a
beneficiary
• Declaration of trust
– Settlor holds the legal title to the property as trustee for
the benefit of some other person to whom the settlor
now conveys the equitable title.
34. 34
Types of Trusts
• A living trust may be:
– Irrevocable
• Settlor loses complete control over trust and cannot change it
or take it back
• Income from trust not taxable to settlor, and avoids estate
and inheritance taxes
– Revocable
• May be taken back or changed at any time during the settlor’s
lifetime
• No estate tax or income tax advantages
35. 35
Other Topics
• Spendthrift trust
– Designed to provide for the maintenance of a beneficiary, while
also securing the fund against their incompetence/improvidence
– In NC, a spendthrift provision must be put into a trust to protect
against voluntary or involuntary transfer of a beneficiary’s
interest
– Beneficiary cannot assign the trust to other people, and the trust
is not subject to claims by beneficiary’s creditors
36. 36
Other Topics
• Charitable trust (public trust)
– To be valid, beneficiary must be uncertain (advancement of
education, promotion of religion, etc.)
– Not subject to rule against perpituities
• Sprinkling trust (spray trust)
– Allows the trustee (instead of the settlor) to decide how
to distribute money to beneficiaries
37. 37
Obligations of the Trustee
• Use a high standard of care and prudence in
investment of funds
– May be liable for losses if violates the standard of care
and prudence
• Supervise and care for real property
38. 38
Question?
What refers to the process of handling the will and
the estate of a deceased person?
A. Financial planning
B. Probate
C. Estate planning
D. Domain planning
39. 39
Question?
What document can authorize another person to act
on one’s behalf?
A. Durable power of attorney
B. Estate will
C. Executor power of attorney
D. Legal estate document
40. 40
Question?
A person who dies without a will is said to die
___________.
A. Detestate
B. Indetestate
C. Testate
D. Intestate
41. 41
Question?
What will is not witnessed but is written entirely in
the handwriting of the testator?
A. Nuncupative will
B. Homographic will
C. Holographic will
D. Discupative will
42. 42
Question?
What formal document is used to supplement or
change an existing will?
A. Power of attorney
B. Testamentary will
C. Codicil
D. Legal appendix
43. 43
Question?
What is a legal device by which property is held by
one person for the benefit of another?
A. Will
B. Asset account
C. Trust
D. Codicil