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"Disinheritance."
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Closed casket : a new Hercule Poirot mystery
\"'What I intend to say to you will come as a shock...' With these words, Lady Athelinda Playford springs a surprise on the lawyer entrusted with her will. As guests arrive for a party at her Irish mansion, Lady Playford had decided to cut off her two children without a penny...and leave her vast fortune to an invalid who has only weeks to live. Among Lady Playford's visitors are two strangers: the famous Belgian detective Hercule Poirot and Inspector Edward Catchpool of Scotland Yard. Neither knows why he has been invited-until Poirot begins to wonder if Lady Playford expects a murder. But why does she seem so determined to provoke a killer? And why-when the crime is committed, despite Poirot's best efforts to stop it-does the identity of the victim make no sense at all?\"--Page [4] of cover.
Book
No Name
A tragic tale of family and misfortune from the author of The Woman in White When their beloved parents die in quick succession, Magdalen and Norah Vanstone find that their world has been torn asunder.Through a legal technicality, their father's will renders them without a legitimate claim to their inheritance.
eBook
Love in a cold climate
\"Polly Hampton has long been groomed for the perfect marriage by her mother, the fearsome and ambitious Lady Montdore. But Polly, with her stunning good looks and impeccable connections, is bored by the monotony of her glittering debut season in London. Having just come from India, where her father served as Viceroy, she claims to have hoped that society in a colder climate would be less obsessed with love affairs. The apparently aloof and indifferent Polly has a long-held secret, however, one that leads to the shattering of her mother's dreams and her own disinheritance. When an elderly duke begins pursuing the disgraced Polly and a callow potential heir curries favor with her parents, sa nothing goes as expected, but in the end all find happiness in their own unconventional ways\"--Back cover.
Book
A Brief Insight into Disinheritance
The article briefly introduces current regulation of disinheritance in the Czech Civil Code. Firstly it deals with the notion and purpose of disinheritance, and consequently it describes reasons for disinheritance and ways of disinheritance, highlighting some interpretation difficulties in this field. .
Journal Article
The end to testamentary freedom
Total testamentary freedom in English law came to an end with the passage of the Inheritance (Family Provision) Act 1938, since replaced by the Inheritance (Provision for Family and Dependants) Act 1975. The Act introduced the family provision rule, which allows disinherited family members to apply to court for a financial award out of the estate. This paper critically re-examines the parliamentary proceedings, held between 1928 and 1938, which debated the merits of testamentary freedom and the need to limit the doctrine by introducing the family provision rule, then already in force in many of the Dominions. There were strong social arguments in favour of redressing unjust disinheritances, pitted against core values of personal freedom and private ownership. The paper will show that there were compelling merits in introducing the family provision rule and the Act has stood the test of time.
Journal Article
Disinheritance, Discrimination, and the Case for Including Adult Independent Children in Dependants' Relief Schemes: Lawen Estate v Nova Scotia
In 2019 a Superior Court in Nova Scotia excluded adult independent children as \"Dependants\" under Nova Scotia's Testator's Family Maintenance Act. The decision was based on a finding that testamentary autonomy is a constitutional right protected by s. 7 of Canada's Charter of Rights and Freedoms. This article explains why the constitutional decision in Lawen Estate v Nova Scotia was incorrect. It also demonstrates why the inclusion of adult independent children in dependants' relief schemes is not only benign in most instances, but may play a role in preventing the perpetuation of discrimination in the private law. This article also contains a brief post-script that discusses the appeal of the Lawen decision that was released in 2021 and a reference to a subsequent case commentary on that decision.
Journal Article
AIRBRUSHED HEIRS: THE PROBLEM OF CHILDREN OMITTED FROM WILLS
Author's Synopsis: This Article addresses rules designed to protect children from unintentional disinheritance. The Article examines the problem in the abstract and in the concrete, assessing the merits of the twin theories--mistaken omission and failure to account for changed circumstances--on which lawmakers predicate rules to protect omitted children, as well as exploring the extant legislative variants of those rules. The Article concludes that current legislation (including the Uniform Probate Code) is insensitive to the problem's complexities and proposes legislative revisions--among them, the substitution of transient for permanent presumptions in some cases--or, in the alternative, a switch to discretionary rules. In the course of addressing the problem s ramifications, the Article also undertakes the first-ever empirical study of individual attitudes toward inheritance by children whom fathers are unaware they have.
Journal Article
PARENS PATRIAE AND THE DISINHERITED CHILD
Most countries have safeguards in place to protect children from disinheritance. The United States is not one of them. Since its founding, America has clung tightly to the ideal of testamentary freedom, refusing to erect any barriers to a testator's ability to disinherit his or her children -- regardless of the child's age or financial needs. Over the years, however, disinheritance has become more common given the evolving American family, specifically the increased incidences of divorce, remarriage, and cohabitation. Critics of the American approach have offered up reforms based largely on the two models currently employed by other countries: (1) the forced heirship approach, in which all children are entitled to a set percentage of their parent's estate; and (2) family maintenance statutes, which provide judges with the discretionary authority to override a testator's wishes and instead award some portion of the estate to the testator's surviving family members. This Article takes a different approach and looks at the issue of disinheritance through a new lens: the doctrine of parens patriae. Just as this doctrine limits the decision-making autonomy of living parents vis-a-vis their children, this Article argues that it should likewise limit the dead hand control of deceased parents. Focusing on minor children, adult children who remain dependent as a result of disability, and adult children who are survivors of parental abuse, it is the contention of this Article that testamentary freedom must sometimes yield to the state's inherent parens patriae authority to protect children from harm. Specifically, this Article proposes that courts must refuse enforcement of testamentary schemes that disinherit children who fall into those categories if that disinheritance would constitute abuse or neglect. Such an approach is not only mandated by the doctrine of parens patriae but, in contrast to the approaches other countries have adopted, is much more deferential to testamentary freedom. The limitations imposed by this proposal represent a relatively modest curtailment of the rights testators currently possess and, at the same time, are consistent with existing exceptions to testamentary freedom, most notably those in place to protect spouses and creditors as well as those that prohibit the enforcement of testamentary provisions that violate public policy.
Journal Article
The desire for disinheritance in austerity Greece
Associated with notions of family continuity, lineage, national belonging, and cultural roots, in Greece property inheritance was once highly desired. Yet, in recent years, there has been a rising trend of people wanting to be disinherited because of the economic burden of new taxes introduced as part of the international austerity program and the need to focus all resources on the short-term future of the immediate family. The desire for disinheritance amounts to a longing for disconnectedness, for exiting not only political structures but also kinship structures that have been historically closely linked with a Greek sense of self as particular political subjects. A focus on inheritance demonstrates how the political can be located in the mundane and the everyday.
Journal Article