English for

Lawyers 3
Lecturer: Miljen Matijaevi
G10, room 6/I, Tue 15:30-16:30
e-mail: miljen.matijasevic@gmail.com

Session 6, 25 Nov 2014

Todays session

1.

Revision of the last session

2.

Wills and Inheritance

Revision of the last

session
Marriage Divorce

Answer the questions marriage,

pt.1
1.

How is marriage defined in English law?

2.

What is common-law marriage?

3.

Who has capacity to marry?

5.

What marriages are void/voidable?

6.

What do you know about same-sex

marriages in the UK and the USA?

Answer the questions divorce

1.

What was divorce law based on before

1969?

2.

Does English law protect marriage?

3.

What is judicial separation and why does

the instutite exist?

4.

What are possible grounds for divorce in

the UK today?

Wills and Inheritance

Unit 24

Inheritance law

a.k.a. the law of succession

law that regulates the succession of

property upon a persons death

a deceased person may:

die testate (having left a valid will)
die intestate (having left no will or an invalid
will)

Will

a declaration of a persons wishes

concerning the distribution of his/her
property after death

it can regulate only what happens to the

property owned by the deceased at the
time of death

not a permanent document can be

changed or revoked

A Valid Will
a

will is valid

if the testator has testamentary capacity

(any person of full age and sound mind)
if it is written in accordance with legal
requirements

A Valid Will
a

valid will must be:

in writing
signed by the testator
attested by at least 2 witnesses
the

witnesses confirm by their signature

the authenticity of the testators signature
they do not need to know the contents of
the will

Additions and
Alterations
a will is alterable
can be altered (changed) or added to

any changes within the will must be

signed by the testator and witnesses

a will can be added to by an attached

codicil

Revocation of a Will

a will is revocable until the testator dies

it can be revoked by:

a new will (revoking the previous will)

a codicil
a writing executed as a will
subsequent marriage of the testator
destruction of the will

Estate

the whole of one's possessions, especially all the

property and debts left by one at death
DEVISE
land and real property owned by the testator

LEGACY/BEQUEST
any other form of property (e.g. cars, pecuniary bequests)

RESIDUE
all that remains after all the debts have been paid

Family Provision

in common law a testator has complete freedom

to dispose of property
not obliged to include provision for his
dependants
Inheritance (Family Provision) Act 1938
(amended in 1952 and 1975)
court given power to vary a will upon request by a
dependant of the deceased
possible for the court to order that reasonable
financial provision be paid out of the estate left by the
deceased

Family Provision

list of eligible claimants for family provision

the wife or husband

a former spouse who has not remarried
a child
any person treated by the deceased as a child of the
family
any person who immediately before the death of the
deceased was being maintained by the deceased

Personal
Representatives

estate left to BENEFICIARIES

disposal of a testators estate vested in PERSONAL
REPRESENTATIVES:

EXECUTORS (of the will)

appointed in the will

ADMINISTRATORS (of the estate)

for someone who died intestate

Probate

an official document
confirming that the will is genuine
approving the executors right to administer the estate

executors apply for probate with the following

documents

the will
a death certificate
details of property liable to capital transfer tax
a list of debts and funeral expenses

administrators appointed by the court

Probate

personal representatives
absolute power to dispose of the estate
must execute the will/administer the estate within one
year and according to law
e.g. must pay off any leftover debts before they transfer
property to the beneficiaries

Intestacy

if a person dies intestate, the estate is distributed

according to special rules, laid down by the law
(Administration of Estates Act, 1925 and
Intestates Estate Act, 1952)

the following groups of people are considered

surviving
surviving
surviving
surviving
surviving

spouse (husband or wife)

children
parents
brothers and sisters of the whole blood
relations of remoter degree

Intestacy

the surviving spouse is entitled to the largest part

of the estate, the rest distributed in the above
order

if a person leaves no relatives whatsoever, the

property goes to the Crown

Vocabulary work

Translate into Croatian

to die testate/intestate
testator
testamentary capacity
of sound mind
alteration (of a will)
to alter a will
revocation (of a will)
to revoke a will
codicil
estate

Vocabulary

to die testate/intestate

testator
testamentary capacity
of sound mind
alteration (of a will)
to alter a will
revocation (of a will)
to revoke a will
codicil
estate

ostaviti oporuku, umrijeti bez oporuke

oporuitelj

Vocabulary
devise, legacy/bequest
pecuniary bequest
residue
spouse
executor (of a will)
administrator (of the estate)
beneficiary (of the estate)
probate
family provision

Vocabulary
devise, legacy/bequest oporuni dar, ostavtina
pecuniary bequest novana ostavtina
residue - ostatak
spouse - suprunik
executor (of a will) izvritelj oporuke
administrator (of the estate) upravitelj imovine
beneficiary (of the estate) - nasljednik
probate sudska ovjera oporuke
family provision zbrinjavanje obitelji

A Sample Will
I, EDWARD COKE, of 14 Acacia Avenue, Oxbridge, in the County of Somerset,
company director, HEREBY REVOKE all Wills and testamentary
documents heretofore made by me AND DECLARE this to be my LAST
WILL
1.
I APPOINT my wife Gladys Coke, and my solicitor, Thomas B. Macaulay,
to be jointly the executors of this my will.
2.
I DEVISE my freehold cottage known as THE LILACS, at Tone Dale,
Oxbridge, unto my son, Hugh Coke, in fee simple.
3.
I BEQUEATH the following specific legacies:
1.
2.
3.
4.

To my son, John Coke, any motor-car I may own at the date of my death.
To my daughter, Carolyn Coke, all my ordinary shares in the company known
as Imperial Chemical Industries plc.
To my said wife all my personal chattels not hereby bequeathed for her
absolute use and benefit.

I BEQUEATH the following pecuniary legacies:

1.
2.

To my daughter Rosalyn Coke the sum of Three Thousand Pounds

To my daughter Elizabeth Coke the sum of Three Thousand Pounds

A Sample Will
5.

I DEVISE AND BEQUEATH all the residue of my real and personal estate
whatsoever and wheresoever not hereby or by any codicil hereto otherwise
expressly disposed of as to my freeholds in fee simple and as to my
personal estate absolutely unto my said wife Gladys Coke for her own
absolute use and benefit.

IN WITNESS whereof I the said Edward Coke the Testator have to this my
LAST WILL set my hand this thirty-first day of March One Thousand Nine
Hundred and Ninety-Three.
SIGNED AND ACKNOWLEDGED by the above-named Edward Coke the
Testator as and for his LAST WILL in the presence of us both present at
the same time who at his request in his presence and in the presence of
each other have hereunto subscribed our names as witnesses:
(signatures)

Thank you for your attention!