The Forfeiture Rule and the Law of Succession

The Forfeiture Rule and the Law of Succession
Author: Great Britain: Law Commission
Publisher: The Stationery Office
Total Pages: 78
Release: 2005-07-27
Genre: Law
ISBN: 9780101662529

The forfeiture rule, in common law, states that a person cannot inherit property from someone whom he or she has unlawfully killed. The problem is what should happen to the inheritance where the dead person has died intestate and the potential heir is excluded because he or she has killed the dead person. This problem was highlighted by a Court of Appeal case in 2000, in which the killer's children were, in effect, disqualified from the inheritance because of their parent's wrongdoing. The Law Commission issued a consultation paper on this topic in 2003 (No. 172, ISBN 0117302589). This report discusses the responses and sets out the Commission's final recommendations. The Commission recommends a "deemed predecease" rule: where a person forfeits the right to inherit from an intestate through having killed that intestate, the rules of intestate succession should be applied as if the killer had died immediately before the intestate. The Commission also recommends that this approach should extend to persons who have disclaimed an inheritance, or who have died unmarried and under 18 years of age, but leaving children. The report also includes a draft Law Reform (Succession) Bill, with explanatory notes.

Exploring the Law of Succession

Exploring the Law of Succession
Author: Reid
Publisher:
Total Pages: 253
Release:
Genre: Inheritance and succession
ISBN: 9780748632596

This volume explores key issues in the law of succession from a variety of perspectives: national, historical and comparative.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Asset Forfeiture Law in the United States - Second Edition

Asset Forfeiture Law in the United States - Second Edition
Author: Stefan D. Cassella
Publisher: Juris Publishing, Inc.
Total Pages: 932
Release: 2013-01-01
Genre: Law
ISBN: 1578233658

Asset Forfeiture Law in the United States - Second Edition serves as both a primer on forfeiture law for the newcomer to this area, as well as a handy resource for anyone needing a comprehensive discussion of any of the recurring and evolving forfeiture issues that arise daily in federal practice. The author is one of the federal government's leading experts on asset forfeiture law. As a federal prosecutor, he has been litigating asset forfeiture cases since the late 1980's, was a Deputy Chief of the Justice Department’s Asset Forfeiture and Money Laundering Section for many years, and is now the Chief of the Asset Forfeiture and Money Laundering Section in the U.S. Attorney's Office in Baltimore, MD. Asset Forfeiture Law in the United States - Second Edition is a completely revised and up-to-date treatise that addresses important changes and significant developments in civil and criminal forfeiture law. Every chapter has been rewritten as a result of the explosive growth in this area of law and practice. This comprehensive one-volume resource examines and explores the outpouring of new case law stemming from federal law enforcement agencies that include the FBI, DEA, IRS and Homeland Security. The Second Edition continues to lead the practitioner, prosecutor, judge and policy maker through the labyrinth of statues, rules and cases that govern this dynamic area of the law. Many countries in Europe, Asia and Africa, as well as Australia and the Americas, have enacted asset forfeiture statutes modeled on U.S. law, making the cases interpreting the statutes relevant beyond the borders of the United States.

Current Issues in Succession Law

Current Issues in Succession Law
Author: Birke Häcker
Publisher: Bloomsbury Publishing
Total Pages: 315
Release: 2016-07-28
Genre: Law
ISBN: 1782256296

While continental and comparative lawyers have recently rediscovered succession law as an area of immense practical importance deserving greater academic attention, it is still a neglected field in England. This book aims to reinvigorate the English debate. It brings together contributions by leading academics and practitioners engaging with topical issues as well as questions of fundamental importance in succession law and estate planning. The book will be of interest to both academics and practitioners working in the field, and to non-English comparative lawyers.

Pearce & Stevens' Trusts and Equitable Obligations

Pearce & Stevens' Trusts and Equitable Obligations
Author: Robert A. Pearce
Publisher: Oxford University Press, USA
Total Pages: 1103
Release: 2015
Genre: Law
ISBN: 0199644454

Pearce & Stevens' Trusts and Equitable Obligations provides students with a detailed and stimulating account of the law of equity and trusts. The authors' clear and authoritative writing illuminates the law and its practical application.

Borkowski's Law of Succession

Borkowski's Law of Succession
Author: Brian Sloan
Publisher: Academic
Total Pages: 478
Release: 2020
Genre: Law
ISBN: 019885028X

Compact yet comprehensive, Brian Sloan's revised edition of Borkowski's classic text continues to bring the universally-relevant law of succession to life in a style and format perfectly pitched for modern undergraduate students.

Equity and Trusts Law Directions

Equity and Trusts Law Directions
Author: Gary Watt
Publisher: Oxford University Press
Total Pages: 569
Release: 2016
Genre: Law
ISBN: 0198747624

A considered balance of depth, detail, context, and critique, Directions books offer the most student-friendly guide to the subject; they empower students to evaluate the law, understand its practical application, and approach assessments with confidence.

Uncertainty in Comparative Law and Legal History

Uncertainty in Comparative Law and Legal History
Author: Andrew J. Bell
Publisher: Taylor & Francis
Total Pages: 257
Release: 2024-12-13
Genre: Law
ISBN: 1040267319

Laws are imposed on facts. But what is the law to do when its rules for establishing facts do not—because they cannot—produce a satisfactory answer? Scenarios that raise this intractable uncertainty problem have been treated as isolated concerns, but are in fact endemic across legal systems. They can cross jurisdictional and doctrinal boundaries, have recurred throughout history, and demand creative thinking from those faced with them. This book explores the law’s understandings of and responses to such situations from a comparative historical perspective. It investigates how the law has framed these most difficult problems of uncertainty; dealt with uncertainty’s often unclear boundaries; and developed a broad range of different responses to solve or avoid it, across doctrine, time, and jurisdiction. The work examines a selection of key uncertainty problems across private law as elements of a singular uncertainty issue endemic in legal systems. This analysis will be of interest to historians and comparatists, but also to doctrinal, theoretical, and other scholars and practitioners. The analysis leaves us better informed and better equipped for dealing with future scenarios where uncertainty arises, including insights beyond national and doctrinal confines.