Heirs in UK Law
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Harlow v National Westminster Bank Plc and Others
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Subject to the court's powers under the Act and to fiscal demands, an Englishman still remains at liberty at his death to dispose of his own property in whatever way he pleases… In order to enable the court to interfere with and reform those dispositions it must, in my judgment, be shown not that the deceased acted unreasonably, but that looked at objectively, his … lack of disposition produces an unreasonable result in that it does not make any … provision for the applicant —and that means, in the case of an applicant other than a spouse for that applicant's maintenance."
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Espinosa v Bourke
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An adult child is, consequently, in no different position from any other applicant who has to prove his case. If the applicant is of working age, with a job or capable of obtaining a job which would be available, the factors in favour of his claim for financial provision may not be of much weight in the scales. As Oliver J pointed out in re Coventry, necessitous circumstances cannot be in themselves the reason to alter the testator`s dispositions.
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Re Hancock (Deceased)
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In the great majority of contested applications the court is involved in a balancing exercise among the many factors to which s.3 of the 1975 Act requires the court to have regard. Some factors may be neutral but many will go in the scales either in favour of or against the proposition that there has been a failure to make reasonable financial provision for the applicant. The word "special" means no more than what is needed to overcome the factors in the opposite scale.
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Daniels v Jones
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Even so I do not think that in a case of this character an appellant can succeed in this court merely by showing (assuming that he can show) that this or that figure is erroneous, or this or that calculation is inaccurate. In what is essentially a jury question the over-all picture is what matters. It is the wood that has to be looked at, and not the individual trees.
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Re Coventry, decd.; Coventry v Coventry
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What is proper maintenance must in all cases depend upon all the facts and circumstances of the particular case being considered at the time, but I think it is clear on the one hand that one must not put too limited a meaning on it; it does not mean just enough to enable a person to get by. On the other hand, it does not mean anything which may be regarded as reasonably desirable for his general benefit or welfare.
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Re Besterman (Deceased)
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In an application under section 25 of the 1973 Act the court is directed, so far as it is practicable and is just to do so, to put the parties in the same financial position as they would have been if the marriage had not broken down. It is, however, obviously a very important consideration and one which the statute goes out of its way to bring to the court's attention.
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Re Goodchild (Deceased) and Another
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A key feature of the concept of mutual wills is the irrevocability of the mutual intentions. The test must always be, 'Suppose that during the lifetime of the surviving testator the intended beneficiary did something which the survivor regarded as unpardonable, would he or she be free not to leave the combined estate to him?' The answer must be that the survivor is so entitled unless the testators agreed otherwise when they executed their wills.
- Settling the lands of Letham and Cullelo (Fife) to the Earl of Moray, and a series of heirs, under deeds of entail made by Charles and Francis, Earls of Moray, and vesting in him in lieu the lands of Restalrig (Midlothian) and Aberdour (Fife) Act 1827
- Service of Heirs (Scotland) Act 1847
- Magna Carta - Marriage of Heirs Act 1297
- Annuity (Heirs of Sir Thomas Clarges) Act 1799
- Heirs to a Heritage Dear Sirs
- A Political Testament for Stalin's Heirs
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HEIRS OF PILFERED WELFENSCHATZ PERSIST IN BATTLE AGAINST GERMAN FOUNDATION.
...Heirs of German Jewish dealers who seek restitution of a collection of Christian reliquaries known as the Welfenschatz (or Guelph Treasure) have received a stinging dismissal of their suit from a Washington DC District Court. The case made headlines ......
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Dominium in Thirteenth and Fourteenth-Century Political Thought and its Seventeenth-Century Heirs: John of Paris and Locke
Dominium, the notion of lordship, underwent important changes during the thirteenth and fourteenth centuries. An examination of the de potestate regia et papali genre, especially the tract by the D...
- Male Heirs, Beliefs And Culture vs UK Law
- Protecting Your Overseas Assets For Your Heirs In The Next Generation
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The Duke and Duke Duke It Out In Trademark Rowe
Clearly there is no love lost between John Wayne Enterprises, LLC (“JWE”), the entity owned by John Wayne’s heirs which controls the intellectual property related to John Wayne, and Duke University...
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Transfer Of A Property In Switzerland On The Death Of The Owner Abroad
... ... discusses the concrete steps to be taken abroad and in Switzerland ... in order to enable the heirs to whom the property in Switzerland is ... vested to have it transferred in their favour, respectively to sell ... it. We will focus in particular on ... ...