Probate is a legal process during which a deceased person’s assets are divided among their beneficiaries and heirs, according to their will and the relevant country or jurisdiction’s laws.
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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
This is the presentation to Second Life Genealogists Book Club for The Researcher's Guide to American Genealogy on Probate, Chapter 15 and Wills, Chapter 16.
These slides describe the law that applies to Last Wills and how a Last Will can be created. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
Creditors are notified and legal notices published. There may be filed a petition to appoint a personal representative may need to be filed Survivorship and Estate Applications. All these processes must be done in accordance with the limitation clause.
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
This is the presentation to Second Life Genealogists Book Club for The Researcher's Guide to American Genealogy on Probate, Chapter 15 and Wills, Chapter 16.
These slides describe the law that applies to Last Wills and how a Last Will can be created. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
Creditors are notified and legal notices published. There may be filed a petition to appoint a personal representative may need to be filed Survivorship and Estate Applications. All these processes must be done in accordance with the limitation clause.
Landlord and Tenant LawIn this lecture, we will continue our dis.docxsmile790243
Landlord and Tenant Law
In this lecture, we will continue our discussion of property law with an analysis of landlord and tenant law.
We begin with a discussion of the types of tenancies. A fixed-term tenancy or tenancy for years lasts for a specific period of time (e.g., a year, a month, a week). This length of time is set by express contract and ends automatically without notice. A periodic tenancy (also created by a lease) does not have a specific end date though rent is due at regular intervals. These tenancies last until terminated and notice is required to end the lease. Tenancy at will is similar, but does not require notice to terminate the leasehold interest. Finally, tenancy at sufferance is possession of land without a right. These are created when a tenant remains in possession of land without consent after the termination of another tenancy.
Ordinarily, these tenancies are created by the lease. Leases may be written or oral though leases that last longer than a year must be in writing to be valid under the Statute of Frauds. These leases are essentially contracts, and normal contract principles will apply. Therefore, landlords must be careful to avoid unconscionability issues where a judge may declare the lease to be invalid when one party as a result of disproportionate bargaining power is forced to accept a deal that unfairly benefits one party. In addition, federal law prohibits property owners from discriminating against potential and actual tenant based on race, religion, national origin or sex.
Importantly, the landlord/tenant relationship creates various rights and duties between landlords and tenants.
Firstly, the landlord is required to give the tenant possession of the land for the lease term. The tenant has the right to retain possession until the lease expires. As in with warranty deeds, the covenant of quiet enjoyment is of critical importance. Additionally, this duty on behalf of the landlord can be breached when the landlord evicts the tenant without cause (an eviction occurs when a landlord deprives a tenant of possession before the end of the stated term). Eviction need not be physical. A constructive eviction is said to occur when the landlord wrongfully performs or fails to perform any of the undertakings the lease requires, thereby making the tenant’s further use of and enjoyment of the property difficult or impossible. For example if the landlord is responsible for repairs, it may be a constructive eviction to fail to repair the heating system in the dead of winter.
The next rights and duties to discuss concern the use and maintenance of the leased property. The tenant may use the property in a reasonable manner that reasonably relates to the ordinary use of the property. However, the tenant is responsible for damages, excluding ordinary wear and tear. The landlord must comply with local building codes. This also plays into the implied warranty of habitability. This warranty requires th ...
A Brief Overview of Extended Probate ProcessesJeffrey Feyko
After a person dies, legal professionals review the validity of their will and begin administering the estate. In many states, the legal process known as probate takes place, and for most, it's best to avoid protracted probate processes.
If a person passes away with a will recognized by the court, probate is relatively straightforward. However, probate can take much longer and be more complicated if the decedent leaves no estate plan. Probate processes can take months or years. The longer the probate lasts, the more legal fees the estate incurs.
Heirs can also lose the intended value of an inheritance if the court does not have a legal will to use as a guide. In these cases, court officials look to the jurisdiction’s intestate succession laws. Sometimes, an estranged spouse or long-lost relative receives the legal entitlement to an inheritance in a manner that goes against the decedent’s wishes. Court-appointed officials have no insight into family history or dynamics and can only make decisions based on the law.
Probate gives individuals opportunities to contest a will. If the process continues for months or more, there is a greater chance that someone will come forward to contest the will, further extending probate processes. Any person concerned about the validity of their estate plan should discuss the matter with a knowledgeable attorney.
Probate attorney helps to guide you through the court process and meet the court's requirements and deadlines. Having a probate attorney can ease the stress of the administration process and prove to be an invaluable resource. Feeling the high need for an attorney, contact the Elder Law Center of Wisconsin for a free consultation.
Document covers what all you need to know about getting Succession Certificate in Chandigarh Panchkula Mohali and Difference between Legal Heir Certificate and former.
The jury system originated in England but is now used in many other countries worldwide.
Read more: https://medium.com/@dredgarpaltzer/the-three-main-types-of-dispute-resolution-6f6676088cd5
There are a handful of legal systems and jurisdictions that have adopted a hybrid or mixed approach.
Read more: https://medium.com/@dredgarpaltzer/a-comparison-between-common-and-civil-law-e7d9402bd7fe
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Landlord and Tenant LawIn this lecture, we will continue our dis.docxsmile790243
Landlord and Tenant Law
In this lecture, we will continue our discussion of property law with an analysis of landlord and tenant law.
We begin with a discussion of the types of tenancies. A fixed-term tenancy or tenancy for years lasts for a specific period of time (e.g., a year, a month, a week). This length of time is set by express contract and ends automatically without notice. A periodic tenancy (also created by a lease) does not have a specific end date though rent is due at regular intervals. These tenancies last until terminated and notice is required to end the lease. Tenancy at will is similar, but does not require notice to terminate the leasehold interest. Finally, tenancy at sufferance is possession of land without a right. These are created when a tenant remains in possession of land without consent after the termination of another tenancy.
Ordinarily, these tenancies are created by the lease. Leases may be written or oral though leases that last longer than a year must be in writing to be valid under the Statute of Frauds. These leases are essentially contracts, and normal contract principles will apply. Therefore, landlords must be careful to avoid unconscionability issues where a judge may declare the lease to be invalid when one party as a result of disproportionate bargaining power is forced to accept a deal that unfairly benefits one party. In addition, federal law prohibits property owners from discriminating against potential and actual tenant based on race, religion, national origin or sex.
Importantly, the landlord/tenant relationship creates various rights and duties between landlords and tenants.
Firstly, the landlord is required to give the tenant possession of the land for the lease term. The tenant has the right to retain possession until the lease expires. As in with warranty deeds, the covenant of quiet enjoyment is of critical importance. Additionally, this duty on behalf of the landlord can be breached when the landlord evicts the tenant without cause (an eviction occurs when a landlord deprives a tenant of possession before the end of the stated term). Eviction need not be physical. A constructive eviction is said to occur when the landlord wrongfully performs or fails to perform any of the undertakings the lease requires, thereby making the tenant’s further use of and enjoyment of the property difficult or impossible. For example if the landlord is responsible for repairs, it may be a constructive eviction to fail to repair the heating system in the dead of winter.
The next rights and duties to discuss concern the use and maintenance of the leased property. The tenant may use the property in a reasonable manner that reasonably relates to the ordinary use of the property. However, the tenant is responsible for damages, excluding ordinary wear and tear. The landlord must comply with local building codes. This also plays into the implied warranty of habitability. This warranty requires th ...
A Brief Overview of Extended Probate ProcessesJeffrey Feyko
After a person dies, legal professionals review the validity of their will and begin administering the estate. In many states, the legal process known as probate takes place, and for most, it's best to avoid protracted probate processes.
If a person passes away with a will recognized by the court, probate is relatively straightforward. However, probate can take much longer and be more complicated if the decedent leaves no estate plan. Probate processes can take months or years. The longer the probate lasts, the more legal fees the estate incurs.
Heirs can also lose the intended value of an inheritance if the court does not have a legal will to use as a guide. In these cases, court officials look to the jurisdiction’s intestate succession laws. Sometimes, an estranged spouse or long-lost relative receives the legal entitlement to an inheritance in a manner that goes against the decedent’s wishes. Court-appointed officials have no insight into family history or dynamics and can only make decisions based on the law.
Probate gives individuals opportunities to contest a will. If the process continues for months or more, there is a greater chance that someone will come forward to contest the will, further extending probate processes. Any person concerned about the validity of their estate plan should discuss the matter with a knowledgeable attorney.
Probate attorney helps to guide you through the court process and meet the court's requirements and deadlines. Having a probate attorney can ease the stress of the administration process and prove to be an invaluable resource. Feeling the high need for an attorney, contact the Elder Law Center of Wisconsin for a free consultation.
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1. I n h e r i t a n c e P l a n n i n g :
The Probate Process
b y D r E d g a r P a l t z e r
2. 2
THE PROBATE
PROCESS
INHERITANCE PLANNING:
Probate is a legal process during which a deceased person’s assets are
divided among their beneficiaries and heirs, according to their will and
the relevant country or jurisdiction’s laws. If the decedent left a will,
this is reviewed by a probate court as part of the process.
In some jurisdictions the court
will appoint an executioner for the
deceased person’s estate and in
other jurisdictions the court will
issue a certificate of inheritance to
the heirs. The executor or the heirs
jointly, as the case may be, are
responsible for dividing the estate
among the individuals named in
the will, as well as any creditors.
Any disputes that arise are resol-
ved through the probate court.
What Happens if
There is No Will in
Place?
Where no will exists – or the will
is invalid – the deceased person
is said to have died intestate. In
these cases, the heirs are identi-
fied pursuant to the applicable
inheritance law. In some jurisdic-
3. 3
Where no will exists – or the will is
invalid – the deceased person is said
to have died intestate. In these cases,
the heirs are identified pursuant to
the applicable inheritance law.
tions a probate court will appoint
an estate administrator and in other
jurisdictions the statutory heirs take
responsibility for dividing the assets
according to the relevant country or
jurisdiction laws.
What Is the Difference
Between a Beneficiary
and an Heir?
Beneficiaries are individuals named
in a will, whereas heirs are people
who are entitled to receive the de-
ceased person’s property via intestate
succession (a set of rules that govern in-
heritance matters in the case of no will
being left), such as a surviving spouse
or child.