LAW CASES

Law Cases

Law Cases

Question 3

By what date will Peter need to lodge his claim with the court if he wants to make a claim against the estate?

According to the section 2 of the law of Inheritance (Provision for Family and Dependants) Act 1975, the claim is to be made within six months of the time when the estate of the deceased taken out for the first time (Avery, Robert, et al, 2001, p. 1300).

By 8 January 2012, Peter has not lodged a formal claim. What step must be taken after that date if he then wishes to bring the claim?

In accordance with the section 2 of the Inheritance (Provision for Family and Dependants) Act 1975, once the date for making an official claim for the property has passed, Peter will have to file a request to the court for permission to make a claim for the estate. Once the request approved by the court, he then has the right to make a claim for the estate. On the other hand, if the court does not permit him to make the claim for the property, then he cannot make the claim for the property (Avery, Robert, et al, 2001, p. 1300).

Can Peter make a claim against the increased value of the estate?

Every citizen who comes to inheritance of property is necessary to know the main rules for the acquisition of property by inheritance, in order to avoid subsequent disputes and situations where he may lose the estate.

General rules of succession after the deceased

In particular, the norms of the Civil Code dealt with these questions of inheritance law:

General provisions of the inheritance;

Succession by testament;

Inheritance by law;

Acquisition of inheritance;

Inheritance of certain types of property (Avery, Robert, et al, 2001, p. 1300).

The basic rule is that the inheritance made on two grounds: the law and will. Inheritance by law takes place, when and as it does not change the will. That is the heir-at-law shall acquire the rights to the decedent's estate only if there is no will that specifies other heirs. Recently, cases in which relatives of the deceased will know that all property (real estate, cash, etc.) not entitled to them but only when there is extraneous heir to the will and claim to all the estate. This fact is usually very surprised and outraged relatives of the deceased. This is natural, since they do not know that the owner has the right to dispose of all its property in its sole discretion, without notifying anyone about it and without asking permission from anyone. It should be noted that the will belongs to the category of transactions that are one-sided. According to the Civil Code there is a category of heirs, that regardless of whether they are in the category of heirs or not have no right to inherit. This is so-called unworthy heirs. Among the unworthy heirs of the law relates to the citizens that their deliberate, illegal actions against the testator, someone of his heirs, or against the implementation of the ...