Such measures could take appropriate account of his testamentary and pensionary expectations. |
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It was accepted that the second 1990 will had been duly executed, but the deceased's testamentary capacity was in issue. |
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The freedom of testamentary disposition, of course, is a matter of statute under the Wills Act, originally under the statute of wills. |
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Jean Ristat, Aragon's testamentary executor, himself a poet and novelist, was Aragon's last friend. |
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The Applicant in that case questioned the testamentary capacity of the deceased person. |
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Family relations are strengthened, however, by the law of inheritance, which does not recognize a principle of free testamentary disposition. |
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Mr Parker claimed that due to his mother's illness, she lacked the testamentary capacity to make a valid will. |
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Mr. Pascu, the applicant, asserts that the testator had testamentary capacity at the time the will was drafted. |
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They ask only that their testamentary wishes be honored and that the institutions they have built be preserved as they left them. |
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The question is whether the court is satisfied that the contents do truly represent the testator's testamentary intentions. |
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Historically, the courts do not take lightly the wishes of the deceased as expressed in testamentary documents. |
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It, also, is a duty to take care to ensure that effect is given to the testator's testamentary intentions. |
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Instead of leaving your assets directly to your heirs on death, consider leaving them to a testamentary trust. |
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The possibility of testamentary dispositions in favour of a cohabitant may, however, be restricted. |
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Other blended family estate planning options include testamentary spousal trusts, which may or may not incorporate a life insurance component. |
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The same rule shall apply to the qualifications that must be possessed by witnesses required for the validity of a testamentary disposition. |
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Testamentary sales of either movables or immovables are rare, and testamentary gifts of movables and of immovables are treated similarly. |
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For example, let's assume that a testamentary trust has a January 31st year-end. |
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It is prudent to subject testamentary capacity to rules, and to give it bounds. |
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Under certain circumstances, the CRA may reduce the amount of a refund to which an individual or testamentary trust might otherwise be entitled. |
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Does he think that swearing a false testamentary instrument is never an appropriate crime for which a conditional sentence would be appropriate? |
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The Law Society has retorted that it is simply acting in the spirit of testamentary freedom. |
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The result is that if the memorandum were to have any effect at all, it had to be as a testamentary instrument, and not as document creating an inter vivos trust. |
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There are many technical details involved when considering the use of testamentary trusts to reduce income tax for surviving beneficiaries. |
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Donors should consult their financial, legal and tax advisors when setting up any testamentary donation. |
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The issue to be determined is whether half bloods share equally with whole bloods when testamentary dispositions are made to heirs or heirs-at-law. |
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While each could make testamentary dispositions to the other, such bequests were subject to certain statutory rights of the spouse or any legitimate children. |
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A testamentary trust is created by a will and arises after the death of the settlor. |
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Leaving other assets to a spouse and starting testamentary trusts are good ways to leave more to your loved ones and less to the taxman, as are estate freezing and life insurance. |
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His legal or testamentary guardian or another trustworthy person must stand surety for him, failing which he must be placed in the nearest juvenile rehabilitation and welfare centre for a period not exceeding 24 hours. |
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If the deceased did not have a will or a marriage or civil union contract with a testamentary provision, or if the will is incomplete, the heirs will be determined in accordance to the Civil Code of Quebec. |
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Ownership of a trademark may be inherited and may be transferred inter vivos, by testamentary provision, by writ of execution or by action of replevin. |
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In contrast to Anglo-American law, the assets of the decedent pass directly to the heirs, who are determined by the rules of intestacy or by testamentary disposition. |
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The trust may be either inter vivos or testamentary and represents a method for a foreign national to avoid the forced heirship provisions contained in Monegasque succession law. |
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In these recent times there has been much inveighing against testamentary capacity. And in the system of our new French laws, this capacity had been so restricted that it very nearly no longer existed. |
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The testamentary executor's seizin gives him or her control over the estate patrimony, and legatees can demand their shares only once that seizin has terminated. |
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Under the former Code, the time of death was also the time at which the two seisins coexisted: that of the legatees and that of the testamentary executor. |
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Although the trust must be created voluntarily it need not be the product of an agreement: it can be created unilaterally by a trust deed or in a testamentary instrument. |
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In the law of succession, the rules governing the making of wills are English, whereas the substantive law of testamentary and intestate succession is largely Roman-Dutch. |
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But testamentary laws offer muddled and incomplete ways of bequeathing and inheriting them. Digital assets may include software, websites, downloaded content, online gaming identities, social-media accounts and even e-mails. |
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In the event you have no surviving spouse, directing registered accounts through your will to a testamentary trust can still be good tax planning. |
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In addition, even if you do not provide for an ongoing trust under your will, it may be possible to file a trust return to report income earned by your estate as a testamentary trust. |
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The conditions required to use this special amount are the same as those listed for a transfer of capital property to a spouse or common-law partner, or testamentary spousal or common-law partner trust. |
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I'm sure my friend from the Chambre des notaires would agree with me that our family law and our testamentary law really deal with the union of two persons. |
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The formal requirements for wills and other testamentary dispositions vary considerably from country to country, and testators and their heirs and legatees are usually not aware of these differences. |
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A testamentary trust is created through your will to direct exactly how your estate's assets will be managed and distributed to your beneficiaries. |
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Several strategies can be planned for the transfer of your assets, even if only to make life easier for your liquidator or to create a testamentary trust. |
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Louise Aucoin teaches labour law, environmental law, municipal law and testamentary law at the Faculty of Law at the Université de Moncton, in New Brunswick. |
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With these advantages, the Register greatly facilitates the discovery of your testamentary dispositions and accelerates the settlement of your succession. |
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In many jurisdictions testamentary dispositions are subject to certain restrictions in order to protect persons who would in their absence be the heirs, such as, for instance, the children of the deceased. |
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Where an inter vivos or testamentary trust includes immovables, reference must be made to the lex situs on all aspects relating to title and land use. |
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If the taxpayer does not exercise her testamentary limited power of appointment, the instrument provides specific rules for the distribution of any remaining trust assets. |
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A testamentary limited power of appointment allows the beneficiary to change the disposition that would otherwise occur at the beneficiary's death. |
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Testamentary trusts may be created in wills, defining how money and property will be handled for children or other beneficiaries. |
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Testamentary freedom is carried out within the limits foreseen by the law, where the most important is the one regarding partible inheritance. |
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