1. Wills and Inheritance

2. Inheritance Law  Inheritance Law is concerned with the distribution of a person’s property following their death  This may occur either in accordance with the provisions of a will, or under applicable rules relating to intestacy (when a person dies without having made a will)

3.  To die testate – having made a will  To die intestate – without a will

4. Will  ‘Last will and testament’  The document by which a person directs what should happen to their property after their death

5. Making of a will  A will must be made of free will, without coercion and it must be:  1) in writing,  2) signed by the testator (the person making the will), and  3) witnessed by at least two witnesses

6. Testamentary capacity  The legal term of art used to describe a person's legal and mental ability to make or alter a valid will.  The testator must be of full age when the will is made and of sound mind

7. Executors  The will must appoint one or more persons to carry out the terms of the will (executors)

8. Beneficiaries (legatees)  Persons who inherit property under a will  The property of a deceased person is known as their estate  It may comprise land and real estate (real property or realty) and all other property (personal property or personalty)

9. Revocation and alteration of wills  A will can be revoked or altered in the following ways:  1. By making a new will that makes it clear that the previous will(s) are revoked  2. By destruction of the previous will  3. By marriage or divorce  4. By amendment (an attached codicil)

10. Life interest  A bequest which stops when you die (f.e. the right to live in a house for your lifetime)  When you die, the house etc. becomes the property of the ‘remainderman’ named in the will  The person who is given a life interest is called the ‘life-tenant’

11. Residue  What is left to distribute from the estate once all the debts and taxes have been paid

12. Why it is important to make a will  If you die without a will (die intestate), there are rules which dictate how your estate should be allocated  Unmarried partners cannot inherit from each other unless there is a will  If you have children, arrangement for the children should be made if either or both parents die

13. What should be included in a will  How much money and what property and possessions you have  Who you want to benefit from your will  Who should look after any children under 18 (a guardian)  Who is going to sort out the estate and carry out your wishes as set out in the will (executors)

14. Shakespeare’s will  https://www.youtube.com/watch?v =eQdFLcyE9Ao https://www.youtube.com/watch?v =eQdFLcyE9Ao

15. Intestacy  To die intestate  In that case, the person’s property is distributed in accordance with the intestacy rules  The order of priority (family) – heirs by intestacy or legal heirs

16. Probate  The official document which confirms that the will is valid and states who the executors are  Generally, the term probate is used to refer to the various laws and courts which deal with wills, intestacy, inheritance and disputes over estates

17. Contentious probate  contesting a will (osporavanje oporuke) – a will is valid, but potential beneficiaries are not satisfied with its provisions  challenging a will (osporavanje valjanosti oporuke) – challenging the very validity of the will in order for a Grant of Probate not to be approved by the court  disputing a will – any other dispute (uncertainty about the terms of the will, disputes between the executor/s and the beneficiaries…)

18. Vocabulary  Testator – oporučitelj  Executor – izvršitelj oporuke  Beneficiary (legatee) – nasljednik  Guardian - skrbnik  Real estate – nekretnine  Revocation of a will – opoziv oporuke  Alteration of a will – izmjena oporuke  Life interest – doživotno pravo uživanja posjeda  Bequest – ostavština, oporučni dar, nasljedstvo

19. Vocabulary II  To die intestate – umrijeti bez oporuke  Intestacy – nepostojanje oporuke  Rules of intestacy – zakonsko nasljeđivanje  Heir by intestacy – zakonski nasljednik  Probate – sudska ovjera oporuke  Probate court – ostavinski sud

20. Comprehension check  Read Unit 24 (p. 114) and answer the following questions:  What is Mr. Yorke-Parker entitled to?  What does the estate consist of?  How will the ultimate residue be divided?

21. Writing task  Suppose you have received this letter and write a letter to the solicitors in reply

22. Vocabulary exercise  Complete the following passage: A will should name an estate ___________ to guide the estate through the ___________ process. A will should also name a ____________ if there is a minor child involved. In the absence of a valid will, the _____________ decides who will inherit the property and distributes it to the legal __________ based on the laws of the state. A will should name an estate ___________ to guide the estate through the ___________ process. A will should also name a ____________ if there is a minor child involved. In the absence of a valid will, the _____________ decides who will inherit the property and distributes it to the legal __________ based on the laws of the state.

23. Answer key A will should name an estate EXECUTOR to guide the estate through the PROBATE process. A will should also name a GUARDIAN if there is a minor child involved. In the absence of a valid will, the PROBATE COURT decides who will inherit the property and distributes it to the legal HEIRS based on the laws of the state.

24. Translate the following:  There are at least two reasons for making a will. First, if parents die and leave minor children behind them, the children and their property must be protected. If both parents die, the court shall appoint a guardian for the children who can, but does not have to be the person chosen by the parents. In the will, a parent may appoint somebody as a guardian for their minor children and the court will usually confirm that appointment. Second, various means to reduce the tax burden on the property can be used in the will.

25. Rowan Atkinson reads a will  https://www.youtube.com/watch?v =T29hBG44wiU https://www.youtube.com/watch?v =T29hBG44wiU

26. Thank you for your attention!