ENGLISH IV

Law oflnheritance =Law of Succession

Definition: the branch of law dealing with the distribution of a person's estate upon
his/her death. (estate = a person's entire property, consisting of real property and
personal property). A distinction is made between testate and intestate succession.
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In testate succession the deceased has made a valid last will and testament. Thus
testate succession deals with the rules relative to the making, interpretation and
enforcement of wills or written instructions made by the deceased for the distribution
'Ofhislher estate. Note that some legal systems confer rights to certain dependants
guaranteeing them a specified share in the estate of the deceased, for example, the
spouse and/or children of the deceased.
The terms 'will' and 'testament' are synonyms.
Will or testament - a declaration in a particular form by a person of his/her wishes as
to certain matters, normally as to the disposal of his property, to take effect on or after
his/her death.
testator - one who makes and leaves a legally valid will at death
.... testatrix - female testator
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fqJ j' e... /; To make a valid wilb the testator must be of full age and sound mind; the expression
kn--fv ;P lj of intention must be in signed by or on behalf of the testator in the presence
l?C i of two witnesses at one time who themselves sign as witnesses.
A will normally of the testator's property by way of legacies, special legacies
of specified gifts ( 1996 Ford) or general legacies of money or
r (e.g., legacy) and provides in clause for the
-----a.t8p0sa1 of all the testator'sproperty not already disposed of. '---
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o ograp . testament- han wr1tten. y the testator A IJ \1
. probate of the will- the act of proving the validity of a that it has been
1k i .S written and signed in accordance with the law
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lloJ4.c/: In intestate the deceased haS not made a valid last will and testament.
Thus intestate succession deals with the rules relative to the distribution of the estate
of a deceased in the absence of a valid last will and testament. In such cases, the estate
is distributed by operation of law, i.e., in accordance with special rules prescribing
which relatives are entitled to a percentage of the estate (spouse, children, parents,
brothers or sisters, etc.)
The law of inheritance is also concerned with the rules for transfer of the deceased's
property, the payment of any debts left by the deceased, the payment of inheritance
taxes, also called death duty in Great Britain, etc.