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  • Level: GCSE
  • Subject: Law
  • Essay length: 1155 words

I will outline the legal requirements for making a will. Then for the next section I will comment on how appropriate is the law that allows someone to make a claim on the estate of a deceased person if he or she had not been adequately provided for.

Extracts from this essay...

Introduction

G C S E Law - Coursework 2002 - 2003 For my (second) law course work I will outline the legal requirements for making a will. Then for the next section I will comment on how appropriate is the law that allows someone to make a claim on the estate of a deceased person if he or she had not been adequately provided for. Section: A A will is a formal declaration by a person of what they want to happen to their property or estate when they die. Wills do not take effect until the person whom it is written by dies. It is possible to make alterations or even completely changed as many times as a person feels necessary. But the law only recognises the final most recent will produced by a person. If a will is complicated or not straightforward to the person making it, it is sensible to get legal advice on the wording of the will. Though a will does not have to be complicated. It is acceptable to state 'All to Mother'.

Middle

The following have the right to apply: wife of husband of the deceased, a former wife or husband of the deceased as long as the former wife or husband has not remarried, a child of the deceased, anyone who was treated as a child of the close family of the deceased, any other person who was being maintained immediately before the death, partly or wholly by the deceased and the Law Reform Act1995 also allows someone who, though not married, has cohabited with the deceased as husband or wife for at least two years immediately prior to the death. In some cases the husband or wife can apply for Reasonable Financial Provision if the estate is large and even though what they have inherited in the will or intestacy is reasonable in all circumstances for them to have enough to live, they may be awarded more because the court has decided too much of the estate is not accounted for. ''Other applicants must show that they have not been left sufficient financial provision as is reasonable in all circumstances for their maintenance''.

Conclusion

This does not always come into play. If the deceased sponsored a child, family, animal or a charity organisation such as Oxfam or R.S.P.C.A they cannot make a claim because they were giving money to an organisation and only a person can make claim. Since the money did not go straight to the person benefiting there is a problem. I think this law should be updated or include anyone who has been relying on the deceased can make a claim on the deceased estate if it is what the deceased would want. The law was made many years ago and was based upon how people lived at that time, which may explain why some people cannot make a claim on wills. When they made laws regarding wills certain situations were very uncommon so it did not seem necessary to include them in the justice system. But at present laws are being updated and improved, so perhaps now will need to be amended so every one who deserves to make a claim on a will is accommodated. Overall without some exceptions the law is adequate on allowing someone to make a claim on the estate of a deceased person if he or she has not been adequately provided for.

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