Miljen Matijašević Office: G10, room 6 (1st floor) Tue, 15:30-16:30

Today’s session 1. Revision of the last session 2. Wills and Inheritance 3. Police Powers in Great Britain

Marriage / Divorce

Answer the questions 1. How is marriage defined in English law? What does this definition prohibit? 2. What is common-law marriage? 3. Who has capacity to marry? 4. How can a marriage end? 5. What is the difference between a void and voidable marriage?

Answer the questions 6. Is same-sex marriage legal in the USA? 7. What was divorce law based on in the UK before 1969? 8. What is judicial separation and why does the institute exist? 9. What are the possible grounds for divorce in the UK today? 10. What is uncontensted divorce?

Unit 24

Inheritance law a.k.a. the law of succession law that regulates the succession of property upon a person’s death a deceased person may: die ‘testate’ (having left a valid will) die ‘intestate’ (no will or an invalid will)

Will a declaration of a person’s 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 testimentary 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 testator’s 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* bequest) RESIDUE all that remains after all the debts have been paid *novčan

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 testator’s 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 executor’s 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 spouse (husband or wife) surviving children surviving parents surviving brothers and sisters of the whole blood surviving 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 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 oporučitelj sposobnost sastavljanja oporuke mentalno zdrav izmjena oporuke izmijeniti oporuku opoziv oporuke opozvati oporuku dodatak oporuci imovina, ostavinska masa

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 pecuniary bequest residue spouse executor (of a will) administrator (of the estate) beneficiary (of the estate) probate family provision ostavština, oporučni dar novčana ostavina ostatak supružnik izvršitelj oporuke upravitelj imanja nasljednik sudska ovjera oporuke 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. To my son, John Coke, any motor-car I may own at the date of my death. 2. To my daughter, Carolyn Coke, all my ordinary shares in the company known as Imperial Chemical Industries plc. 3. To my said wife all my personal chattels not hereby bequeathed for her absolute use and benefit. 4. I BEQUEATH the following pecuniary legacies: 1. To my daughter Rosalyn Coke the sum of Three Thousand Pounds 2. 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)

Unit 35

What is the role of the police? To maintain public order To enforce (criminal law) and conduct criminal investigations To protect persons and property The Police

Why is it particularly important that police powers be regulated by law? The extent to which it may intefere with the freedom of the individual must be defined Unlawful use may affect both civil and criminal liability Police and Criminal Evidence Act 1984 (PACE) The Police

The main police powers are: stop and account stop and search cautions and penalty notices entry, search and seizure arrest and detention Police Powers in Great Britain

the police can stop a person in a public place and ask them to account for him/herself without having special reason to do so they may ask them what they are doing in the area, where they are going, and what they are carrying not allowed to ask personal details (e.g. name) except ethnicity the person is given a receipt, including the officer’s name and details Stop and Account

the police may search any person or vehicle if they suspect that they will find: stolen items, drugs, a weapon, an item which may be used to commit an offence, etc. in exceptional circumstances, they can search a person without having grounds to suspect the above (e.g. to prevent terrorism, or if a serious violent incident has taken place) Stop and Search

the police must inform the person of their power to stop and search, their name and station, reason for the search, what they think they might find, and provide the person subject to search a record thereof a search can be conducted in any public place, but not at a person’s home the police can use reasonable force but they must try to persuade the person to co-operate Stop and Search

if a minor crime is committed and the offender is 18 or over, admits the crime a CAUTION can be issued the point is to avoid court proceedings and discourage the offender from reoffending a caution goes on record and can be used as evidence of bad character if the offender reoffends within 2 years and the latter offence is similar or worse to the first one, he/she will be charged Cautions and penalty notices

a CONDITIONAL CAUTION is similar but a condition must be fulfilled for the caution to be issued and a criminal charge avoided the condition might refer to rehabilitation or reparation of damage caused by the offence Cautions can include a CANNABIS WARNING – a record of possession of small quantities of cannabis for personal use the police can issue PENALTY NOTICES for disorderly behaviour of traffic offences Cautions and penalty notices

the police may enter premises with or without a warrant Entry without a warrant: in dealing with or preventing a breach of peace arresting a person for certain offences in order to save life or prevent serious damage to property in order to recapture someone who has escaped from custody Entry, search and seizure

in other circumstances, a warrant must be obtained from a magistrate they must ask for permission to enter (unless it would hinder the search) if refused they may use reasonable force to enter Entry, search and seizure

forced entry permitted if: the occupier does not co-operate the premises are empty communication with the occupier is impossible to prevent danger Entry, search and seizure

the police may SEIZE property if they have grounds to believe that: it was obtained through crime, it is evidence of the offence under investigation or another offence, it might get lost, hidden, destroyed or altered. Entry, search and seizure

an arrest can be made if a warrant of arrest has been obtained the warrant is not necessary if : a person is committing an offence, about to commit an offence, or has just committed an offence, the police have grounds to believe the above, obtaining a warrant is impractical, and they do not or cannot get the person’s name/address or have reason to believe that a false name/address has been provided, the arrest is necessary because the suspect might harm themselves or others, commit an offence against public order and safety, or harm a child or a vulnerable person Arrest and detention

upon arrest the suspect is taken to the police station he/she has a right to: inform someone of their arrest seek legal advice look at the police codes of practice some of these rights may be delayed (informing a person) if this might interfere with the investigation Arrest and detention

a suspect can be detained for no more than 24 hours without being charged a superintendant can extend this for additional 24 hours, and a magistrate for 72 hours if a charge has been brought, the suspect must be brought before a magistrate if suspected of terrorism, different rules apply (detention possible for up to 28 days) Arrest and detention

the suspect has a right to silence, but this may be taken into account during trial when deciding on the guilt Arrest and detention

Key terms stop and account stop and search caution conditional caution penalty notice entry occupier premises seizure detention right to silence