Death with Legal & Ethical Issue of a Spouse or Live In

Death with Legal & Ethical Issue of a Spouse or Live In

Introduction

The paper aims to emphasize on the topic of death with legal & ethical issue of a spouse or live in. Death is a natural event that happens to be legal fact when emerge rights, powers, duties, obligations, and responsibilities for people (House et. al., 2005). As part of the preparation for death is drawing up a will, which is legally defined as an act by which a person disposes of his property and rights to after his death. It is a legal instrument that expresses the will of the rightful owner to one or more person acquire certain property rights after his death, that is, is a legal document that expresses the will of the owner or (testator) to bequeath or allocate its assets to a particular person as legitimate heir to his right (Mendes et. al., 2004).

The main reason for making a will is to face the reality of life and death, is a useful and practical method to manage the project of death. It brings a sense of control in an inevitable and irreversible. It opens the possibility for discussion on decisions at the end of life, of living death as their own. The biggest issue focuses on cases of death of a spouse in the course of action for separation or divorce direct to succeed where the legitimacy of the surviving spouse should only be rejected if found to approval of consensual separation or final judgment separation or divorce litigation straightforward (Fontaine, 2006).

Background

In the event of termination of the marriage by the death of one of the spouses, the division of marital property division should be carried out before the fall of the deceased, if each spouse entitled to marital property rights. During the distribution of the deceased spouse's heirs are required to compensate for the surviving spouse, if the estate of the deceased covered marital property law exceeds the value of the assets of the surviving spouse (Pruchno & Resch, 2009). However, the surviving spouse does not have the obligation to pay compensation to the estate of the deceased; if the property of a surviving spouse participates marital property law exceeds the value of the estate of the deceased spouse. The question of whether the spouses are entitled to reciprocal marital property rights to their property does not affect the rights of a surviving spouse to inherit the inheritance law. Benefit to the surviving spouse under the law of succession and wills are met from the estate. The requisition the blame on this occasion, identical in meaning to the circumstances envisioned earlier, is notoriously unjustifiable, since the legislature to link the condition of the surviving spouse heir required to prove the absence of fault on his separation actually stimulates several discussions regarding estate of the deceased in order to paralyze the inventory (Mendes et. al., ...