Succession law week 1

• Succession


  Transmission of property on death
• Estate


  Property owned at time of death - assets available for distribution - what someone owned at time of death
• Executor/Executrix


  Person appointed to administer distribution of estate
• Intestate Succession


  Where no provision in will (or unable to fulfil- eg. if beneficiary isnt alive anyore eg. if beneficiary isnt alive anyore ) can be total (deceased has left no will) or partial intestacy
• Testate Succession


  Deceased has left a will
• Testator/Testatrix


  Testator (has writen will) - testament - the deceased, who has made a will
• Presumption of Death (Scotland) Act 1977


  Law regarding missing persons
• Succession law answers 3 questions


  1. Who may inherit? - beneficiaries

  2. What should they inherit? (interaction with property law) - the estate

  3. How much of it should they inherit? - the rules of distribution
• Survival


  • Deceased must be dead, beneficiary must be alive, beneficiary must survive the deceased even if only for a few secs
• Those disqualified from succession


  • Unworthy heirs - unlawfully killed the deceased applies to murder and culpable homicide
  • Unworthy executors
• Those entitled to succeed

  • Partners
  • Spouse
  • Civil partners
  • Cohabitants
  • Children
• Executor


  Executor-nominate; executor-dative (these appointed by court)
• Confirmation of executors


  Method of transferring ownership of the assets of the deceased to the executor/judicial conveyance temporary
• Duties of executor


  • Ingather estate - draw up inventory
  • Distribute estate - pay debts and distribute - the net estate
• Heritable debt


  Debt secured by a standard security over a heritable property
• Moveable debt


  Unsecured debt
• It is a general rule that a personal obligation transmits against the personal representatives of the obliger
• Order of debt payment


  • Deathbed and (reaonable) funeral expenses
  • Secured debts (including standard security over house)
  • Preferred debts (what you owe gov)
  • Unsecured debts - normal debts like loans
• If not enough to pay all debts, they are paid in the order listed
• Characterisation of debts as heritable or moveable


  Necessary to quantify the net estate
• The debt has to be apportioned when it is secured by 2 securities (standard security and life insurance policy)