WILLS AND INHERITANCE Snježana Husinec, PhD shusinec@pravo.hr

INHERITANCE LAW WILLS AND PROBATE or LAW of SUCCESSION or WILLS AND PROBATE - a branch of civil law concerned with the distribution of a person’s property after their death

acquisition of a person’s property (ESTATE) SUCCESSION acquisition of a person’s property (ESTATE) following their death in accordance with under the applicable the provisions of a rules relating to WILL INTESTACY

The legal basis of INHERITANCE WILL made by a TESTATOR - property is distributed according to the terms of the will Law of INTESTACY - property is distributed according to the intestacy rules

WILLS WILL – the document through which a deceased person disposes of his property TESTATOR - the peroson who dies leaving a valid will or testament EXECUTOR - a person appointed by the will to carry out the terms of the will BENEFICIARY, LEGATEE - a person who inherits property under a will BEQUEST – property given to another by will to die TESTATE – to die with a will grant of PROBATE or grant of representation = legal right to deal with property, usually applied for and granted to the executor PROBATE COURT - decides the legal validity of a testator's (deceased person's) will and grants its approval (known as granting probate) to the executor

A valid WILL A WILL of a person domiciled in the UK is valid if TESTATOR has testimantary capacity (is over 18) 2. TESTATOR is of sound mind to underdstand the terms of the will 3. TESTATOR has the genuine intention to have his/her estate devolved in accordance with the will 4. WILL is in writing 5. WILL is signed by the TESTATOR (the person making the will) 6. writing of the WILL is witnessed by at least 2 witnesses

Claiming an inheritace … Inheritance under a Will No need to claim inheritance EXECUTOR  takes control of all the deceased’s assets, pays off any debts and the inheritance tax, distributes the inheritances to the beneficiaries according to the terms of the will INHERITANCE TAX = a tax on the estate (the property, money and possessions) of someone who’s died – needn’t be paid if -the value of the estate is below the £325,000 threshold, or if - The estate is left to surviving spouse or civil partner, a charity or a community amateur sports club

Inheritance claim disputes Inheritance disputes can occur if if a will is invalid it was drawn up under undue pressure or if the testator subsequently married if individual bequests in the will are invalid if the bequest is unclear or if an inheritance has been left to one of the witnesses if executors act improperly, either by mistake (eg misinterpreting the will) or deliberately Inheritance claim disputes - complex, time-consuming and costly

Laws of INTESTACY to die INTESTATE – to die without a will (distribution of property conducted by a court) INTESTANCY RULES – rules set out the order of priority and applied when distributing the estate to the possible beneficiaries ADMINISTRATOR - a person appointed by a court to distribute the property of someone who has died intestate (usually the person’s next of kin – spouse, civil partner, child – can apply for a grant of representation to be the administrator) LETTERS OF ADMINISTRATION or grant of representation – the legal right to deal with the property of the deceased person HEIR, BENEFICIARY – a person who inherits peoperty when there is no will

Claiming and inheitance … Inheritance under Intestacy Rules Interitance ad Trusteeship Powers Act 2014 Only married or civil partners and some other close relatives can inherit under the rules of intestacy !!! If there are surviving children, grandchildren or great grandchildren of the person who died and the estate is valued at more than £250,000, the partner will inherit: all the personal property and belongings of the person who has died, and the first £250,000 of the estate, and half of the remaining estate. Cohabitees have no right to inherit !!! _______________________________________________________________________________________________________________________________________________________________________ Example: Susan was in a civil partnership with Fang and they adopted a daughter called Jia. Susan died without leaving a will. Her estate is worth £450,000. What does Fang inherit?

Inheritance under Intestacy Rules CHILDREN of the intestate person will inherit if there is no surviving married or civil partner. If there is a surviving partner, they will inherit only if the estate is worth more than a certain amount. _______________________________________________________________________________________________________________________________________________________________________ Example: Alan and Grace were married and have two children, Tim and Annie. Alan and Grace get divorced. Alan then has a child, Mark, with his new partner Beata. Alan and Beata do not marry. Alan dies without leaving a will. Who inherits the estate? Rules of inheritance: 1. Children or their descendants 2. Parents 3. Brothers or sisters or their descendants 4. Half siblings or their descendants 5. Grandparents 6. Uncles and/or aunts or their descendants 7. Half uncles and/or aunts or their descendants 8. Whole estate passes to the crown

Life interest Inheritance and Trusteeship Powers Act 2014 a right to property that a person holds for life but cannot dispose of further until 2014 The surviving spouse had the right to inherit everything up to 250 000 pounds, the children received half of the balance above 250 pounds immediately, the other half went to the children, but the surviving spouse had the ¨life interest¨ in the money while she/he remained alive (could take income from it but not the capital) Inheritance and Trusteeship Powers Act 2014 - abolished the life interest concept - the surviving spouse gets all of the first £250,000 and is fully entitled to half of the remainder

WILLS AND INHERITANCE I Match each legal term with its definition! LEGACY The legal process to prove and the fact of proving that a will has been written and signed in accordance with the law./ The official document which confirms that the will is valid and states who the executors are./The legal right to deal with the property. WILL Property which can be turned into cash. DECEASED A legal declaration of a person's wishes as to the disposition of his or her property or estate after death, usually written and signed by the testator and attested by witnesses. BENEFICIARY Dead, late RESIDUE One to whom a legacy is given. PROBATE One who gets a benefit; one who is left something in a will. ASSETS The remainder, what is left eg. of a person’s estate after all claims and debts have been paid. LEGATEE A gift of personal property by will  

WILLS AND INHERITANCE II Who are the people mentioned in the will? Mr. Philip Scott Yorke Mr. Paul Yorke-Parker A .R. Browne and J. G. Jones Mr. N. A. Y. Yorke-Modge R. C. Roberts & Russel

WILLS AND INHERITANCE III What does the estate consist of?   III What does the estate consist of? 1.__________________________; 2.___________________________ 3._________________________; 4.____________________________ 5._________________________; 6.____________________________ IV Retell the letter in your own words. Use the key legal terms. Mr. Paul Yorke-Parker is one of the pecuniary legatees in the will of his deceased relative Mr. Philip Scott Yorke. He is entitled to …

Vocabulary practice Complete the text by adding the followin terms: estate - inheritance - debts - beneficiary - beneficiary assets - beneficiaries - terms - executors Claiming an inheritance is usually straightforward if you are named in the will as a _______________. The _________________ named in the will take control of all the deceased’s _____________, pay off any _____________ and divide the inheritances to the ___________________ according to the ________________ of the will. Administering an ______________ can be time-consuming and it often takes several months before a _______________ receives an __________________.

Compare with English law and translate Zakon o nasljeđivanju Nasljeđivanje na temelju oporuke Članak 26 Oporuku može napraviti svaka osoba sposobna za rasuđivanje koja je navršila 16 godina života. Članak 27 (1) Oporuka će se na zahtjev poništiti ako je oporučitelj bio natjeran prijetnjom ili silom da je napravi ili se odlučio napraviti je zbog toga što je bio prevaren ili što se nalazio u zabludi. Članak 30 Oporuka je valjana ako ju je oporučitelj vlastoručno napisao i ako ju je potpisao. Članak 31 (2) Oporučitelj koji zna i može čitati i pisati može sastaviti oporuku tako što će za ispravu, bez obzira tko ju je sastavio, izjaviti pred dva istodobno nazočna svjedoka da je to njegova oporuka te je pred njima potpisati.

Study the Coratian Inheritance Act I Study Chapter I and extract the benerifciaries in each of the five inharitance ranks? 1. 2. 3. 4. 5. Do unmarried partners have the right to inherit? II Stude Chapter II and find what forms a will can take under Croatian law.

Essential terms Inheritance under a will = nasljeđivanje na temelju oporuke Inheritance under intestacy rules = nasljeđivanje na temelju zakona intestacy = nepostojanje oporuke (in’testәsi) intestate estate = imovina koja se nasljeđuje na temelju zakona; bezoporučna zaostavština (in’testeit) an intestate = osoba umrla bez oporuke intestate heir = zakonski nasljednik to die intestate = umrijeti bez oporuke testamentary succession = oporučno nasljeđivanje testator = oporučitelj testamentary capacity = sposobnost satavljanja oporuke; oporučna sposobnost executor = izvršitelj oporuke renunciation of inheritance = odricanje od nasljedstva beneficiary = nasljednik legatee = oporučni nasljednik legacy = nasljedstvo na temelju oporuke probate = pravno ovjerenje oporuke; ovjerena oporuka bequest = ostavina, oporučni dar, nasljedstvo temeljem oporuke affidavit = izjava dana pod prisegom to devolve estate on sb. = prenijeti posjed nekome to contest a will = osporiti oporuku probate court = ostavinski sud probate/legacy proceeding = ostavinska rasprava reserved portion = nužni dio revocation of will/probate = opoziv oporuke