Succession

Question 1

Who do adopted children have rights against- adoptive or natural parents?

Answer 1

Adoptive

Question 2

Can separated couples still inherit?

Answer 2

Yes

Question 3

What fraction are surviving children and spouses entitled to of an estate?

Answer 3

1/3 of moveables

Question 4

If only the spouse of children survive; what fraction can they inherit?

Answer 4

1/2 of moveables

Question 5

What is the prescriptive period for children raising legal rights?

Answer 5

20 years

Question 6

What is the term for wife?

Answer 6

Jus Relictae

Question 7

What is the term for Husband?

Answer 7

Jus Relicti

Question 8

If the moveables are £90,000 and there is a spouse and 2 children. The will states that the spouse gets it all but one child raises legal rights. How much would the one child get?

Answer 8

£15,000

Question 9

Term for accepting a will

Answer 9

Approbate

Question 10

Term for renouncing a will

Answer 10

Reprobate

Question 11

What legislation prevents both the will and legal rights being in acted?

Answer 11

Succession (Scotland) Act 1964 Section 13

Question 12

Apply the doctrine of collation to this scenario: B has 2 Children H and C and no spouse and gives everything to charity. There is £400,000 worth of moveables. H was given £100,000 prior to B’s death. H and C raise their legal rights. How much does H and C get?

Answer 12

H will receive £50,000

C will receive £150,000

Question 13

What legislation governs the doctrine of representation?

Answer 13

Succession (Scotland) Act 1964 Section 11

Question 14

Definition of ‘per stirpes’

Answer 14

Children and Grandchildren survive

Question 15

Definition of ‘per capita’

Answer 15

Only one relation survives

Question 16

Stage 1 of intestate succession

Answer 16

Prior Rights

Question 17

Stage 2 of intestate succession

Answer 17

Relict Rights

Question 18

Stage 3 of intestate succession

Answer 18

Cohabitants Rights

Question 19

Stage 4 of intestate succession

Answer 19

Legitum

Question 20

Stage 5 of intestate succession

Answer 20

Free Estate

Question 21

If a spouse survives up to what value can they inherit the dwelling house?

Answer 21

£473,000

Question 22

If a spouse survives up to what value can they inherit the furnishings?

Answer 22

£29,000

Question 23

In money rights what value is the spouse entitled to if -

a) there are children
b) there are no children

Answer 23

a) £50,000

b) £89,000

Question 24

Money rights are made up of?

Answer 24

Heritable and Moveable Property

Question 25

What fraction of Relict Rights can be claimed if - a) there are children b) there are no children

Answer 25

a) 1/3 | b) 1/2

Question 26

Is a cohabitants aware discretionary or not?

Answer 26

It is discretionary

Question 27

How long do cohabitants have to exercise their rights?

Answer 27

6 months

Question 28

Windram 2009 Case

Answer 28

couple lived together together for 24 years and had children. This was deemed enough to be cohabitant.

Question 29

Savage v. Purches 2009

Answer 29

2 1/2 years was not deemed enough for cohabitation. As in the deceased's will a pervious partner was named the beneficiary.

Question 30

If an estate reaches stage 5 of intestate succession and no heirs are found. Who inherits?

Answer 30

The Crown (Ultimus Haeres)

Question 31

Boyle v. Boyle's Exer 1999

Answer 31

Will was reduced due to undue influence of a man acting in a carers capacity.

Question 32

Define Probative

Answer 32

A will that is signed on every page and witnessed.

Question 33

What is a codicil?

Answer 33

Changes to a will

Question 34

Bruce JF v. Lord Advocate 1969

Answer 34

A man made a will in 1945, and another in 1949 containing a revocation clause. Upon death the new will could not be found and so there was a presumption of destruction.

Question 35

Duthie's Excrs v. Taylor 1986

Answer 35

Can be implied revocation if a later testament contains inconsistent provisions to the will. any inconsistencies are in favour of a later will. BUT if two testaments can be given effect then will be valid so long as not inconsistent

Question 36

Hay v. Duthie 1956

Answer 36

Court should sit in the testator's chair and interpret will based on the testator's knowledge. can be inferred from circumstance.

Question 37

Wood v. Wood Excr 1995

Answer 37

The use of 'her' was deemed to vague in a will.

Question 38

Special Legacies

Answer 38

Leaves specifically identified property to a nominated person.

Question 39

Universal Legacies

Answer 39

Disposes an entire estate to one individual.

Question 40

General Legacies

Answer 40

Certain amounts of a certain type of thing are left to a nominated person.

Question 41

Residual Legacy

Answer 41

Leaves the remainder of an estate to someone.

Question 42

What is the role of an executor?

Answer 42

To gather and distribute an estate.