STATUTE ANALYSIS

English Legal System Statute Analysis

English Legal System Statute Analysis

Question 1)

Short title of this act is “1975 Act”

1938

1975

D) The Lords Spiritual of the UK, which is also called Spiritual Peers are the 26 bishops of the established Church of England.

E)Extrinsic aids are things found outside of the actual statute which help judges understand the meaning of the statute more clearly. What is the significance of legislative history? It rather depends on your approach to statutory interpretation. For the relentless textualist, legislative history is irrelevant. For most judges, legislative history is an aid to discerning the meaning and purpose of a statute. Public choice theorists assert that the legislative process is driven by the motivation of each individual legislator to be reelected, and so only the legislative product (legislation) deserves our attention.

F) No, it is not applied in Scotland.

Question 2)

How money and property are divided when loved ones die is a common cause of arguments amongst families. The population is ageing and our lives are increasingly complicated ranging from domestic arrangements to problems with mental health. Net worth and the value of estates has grown as a result of the property boom and there is more money around for people to argue about. You can challenge a will (or an intestacy if there is no will) if you have been left out of it or do not receive enough under the Inheritance (Provision for Family and Dependants) Act 1975 which allows possible claims against a deceased's estate by spouses, former spouses, co-habitees, children, step children and anyone who is being “maintained” by the deceased immediately before death. A claim is made against the personal representatives of the estate and the other beneficiaries under the will or on intestacy and must usually be made within six months of the date of the Grant of Probate (Bove, 2005, 89).

The 1975 Act cannot be excluded in a will and a condition that any gift is forfeited if an application to the Court is made challenging the terms of the will is likely to be void on grounds of public policy. If you are concerned about the prospect of a claim being made against your estate then consider making a written statement of intention in your will or in a separate document setting out the reasons (without bitterness or exaggeration) for making no provision or unequal provision for a particular person. If your will is subsequently disputed it will provide valuable evidence of your intentions and the reasons for your decision.

In the case of Jean, there is no age restriction on a claim by a child but a claim based on grounds of poverty alone will be insufficient. The Court considers the manner in which a child applicant was being or might expect to be educated or trained. If an adult child was in employment and had earning capacity for the foreseeable future then he or she would be unlikely to succeed on a claim without some form of moral obligation ...