Inheritance Law and Case Study

The assignment delves into the complexities of estate administration, outlining legal processes and relevant legislation. It explores various aspects of inheritance law, including wills and intestacy. A specific case study is presented for analysis, requiring students to apply their understanding of legal principles to a real-world scenario.

Client Practice

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................4
1 (a) Writing a letter to Chelsea advising her on the issue raising by the case............................4
1 (b) Drafting the divorce petition on Chelsea's behalf...............................................................7
CASE SCENARIO 2.......................................................................................................................7
2 a Advising Hilary about the distribution of Melanie's estate....................................................9
2b Difference in the situation in case Bernie also died 3 weeks after Melanie.........................10
Recommendations......................................................................................................................12
CONCLUSION..............................................................................................................................12
REFERENCES..............................................................................................................................13
APPENDIX....................................................................................................................................15

INTRODUCTION
The family court is approached at the time of case or issues occurred in the families or
couple with regard to property or violence or marriage related affairs. This provides the basis of
independent live for all people in accordance with the mentioned statutory provision. The present
report is based on two case scenario related to divorce and distribution of poverty in case of
presence of will or absence of the same. For this purpose, important or suitable statutory
provisions have been applied for resolving the complex cases mentioned in the report. In
addition to this, suitable solutions are proposed with the presence of vivid insight.
CASE SCENARIO 1
1 (a) Writing a letter to Chelsea advising her on the issue raising by the case
Dear Chelsea,
I have just received your letter and all the attached documents. It took me some time to go
through your case and the entire present scenario represents that the marriage between your
husband and you has been broken down due to husband adultery, abusive and unreasonable
behaviour. However you can follow all the legal steps as per the current laws and legislation
system of U.K.
As per your case you and Arthur are married for 2 years and have one child named Brooklyn
who is suffering from cerebral palsy. You are on medication for depression since Brooklyn's
birth. Your husband Arthur is a talented musician and you were an air hostess before getting
married you both met in an flight where you were working as an air hostess. Arthur has assets
worth £12 million from record deals and royalties been paid on his music whereas before
marriage you were earning £ 23000 per annum as salary. There marriage hit the rock when
Chelsea got to knew that Arthur was having an affair with her mother, India. When Chelsea
inquired and reacted towards his relationship with her mother Arthur got extremely angry and
few days back he reacted violently. Now Chelsea want to divorce Arthur and wants to know the
procedure and remedies available to her. However it is a tough situation for Chelsea as she is
suffering from depression and her child is suffering from cerebral palsy.
In this case Chelsea can file for divorce petition as they have been married for more than one
year. As in UK you cannot file divorce petition in court until you have been married for at least

one year and your marriage has permanently broken down and there is no chance for
reconciliation. In case Chelsea wants to file a divorce petition in court she is required to prove
that their marriage is irreparable and is required to state the facts for divorce.
Grounds for divorce :
 Adultery : In this you have to prove that your spouse had a sexual relationship with
another person and you are not comfortable to stay with him any longer. But there is a
time limit involved in adultery i.e. six months. So Chelsea has to prove that her husband
had sexual relationship with her mother, India. But this cannot be used as a ground for
divorce as they have lived as a couple for more than six months after becoming aware of
adultery.
 Unreasonable behaviour : In this the petitioner can put forward the allegation on his
spouse relating to his unreasonable behaviour like abusing, threatening, coercion and
violent behaviour in the petition. Chelsea can file divorce petition on this ground as she is
already on medication for depression and unreasonable behaviour of husband is
increasing her depression.
 Desertion : You can file divorce petition on the basis that your spouse has deserted you
for a continuous period of at least 2 years immediately preceding the petition period. In
this you have to prove physical separation although in many cases husband and wife still
staying in the same roof or place, then petitioner has to prove that they live separate and
have separate household. Chelsea cannot file petition under this ground.
 Two year's separation with consent : In this both husband and wife had made an
agreement with consent to live separate and before filing petition they must have lived
separate and in case they stayed in the same household then they have to proof they were
not together and have different household in the same roof.
 Five years separation without consent : As ground clearly indicates in this if any of the
spouse is living separate for at least five years before proceeding towards divorce petition
then any one of them can file for divorce petition without taking other partners consent.
Chelsea can file divorce petition on the ground of unreasonable behaviour in the court. As other
stated grounds cannot help Chelsea to file divorce petition.

How the assets will be divided among the partners in case of divorce as it involves houses ,
rental properties, deposits, life insurance compensation , stocks, mutual funds, bank savings,
pensions
◦ Mutual consent : In this both partners i.e. husband and wife with mutual consent can
divide money and property without going to court. If they want they can appoint
solicitor to make agreement legal. This way is cheaper and quick enough to settle
down with divorce proceedings without any mental tension.
◦ Arbitration, Mediation and Conciliation : They will help you to solve the disputes
relating to money and property in a friendly manner without going to court. They help
you to come at conclusion which will be beneficial to both the parties. Even if you are
thinking to go to court then also you will be required to meet mediation and
conciliation.
◦ By filing petition to the court for settlement : The court will decide how the assets
will be divided among the partners depending upon their ages, how much they earn,
their personal properties before marriage, property inherited by law, their living
conditions, dependence on partner etc. The court will decide on the best possible
manner which will be benefit to both the parties and will insure best for children.
◦ Spouse Maintenance payments : The court will order partner who has higher income
or on which other partner is dependent to pay some amount on regular basis i.e.
monthly or a lump sum amount as a maintenance. Maintenance rules can vary if
another partner gets married or get job with higher amount or dies.
◦ Child Maintenance payments : The partner who is moving out or a partner who is not
taking care of child is required to pay a maintenance amount to other partner who is
taking care of children. You have to pay additional amount in case child is disabled.
The partner is required to pay for school fees, higher education and other expenses.
Advise Given :
I have set out below the advise RELEVANT LAWS IN U.K. which can help you to file
for divorce proceeding and will help you in settlement of assets, liabilities and money and to get
maintenance payments in the court.
1. Matrimonial Causes Act 1973

2. Family Law Act 1996
3. Children Act 1989
4. Family Proceedings Courts ( Matrimonial Proceedings etc.) Rules 1991
5. Marriage Act 1949
6. Marriage Act 1994
7. Gender Recognition Act 2004.
However you can proceed as per your requirements to file for divorce petition or not.
These acts and related laws can provide security for Chelsea and her child. It will also ensure that
Govt. of U.K. provide security and economical help to Chelsea. Also,. I will let you know the
distribution of property which is shared between both of you and in case of your separate
property also. This will be effective for you to resolve the situation in an effectual manner with
relatively less time.
Yours sincerely
1 (b) Drafting the divorce petition on Chelsea's behalf
Note: Enclosed separately in the PDF format
The marriage certificate is important at the time of filing the petition of divorce. This is
helpful to show the evidence that legal relationship exist among parties and accordingly steps can
be taken for the purpose of their separation or divorce.
CASE SCENARIO 2
According to the given case study, Melanie died four months ago after a stroke. She was
51 years old and got married with Bernie a 52 years old man for 18 months. They both were
having their kids before entering into new relationship. Here, Susan a female 20 years old was of
Melanie from the previous relationship. In addition to this, Bernie a 17 years old son from his
first marriage only1. Owing to this, Hilary; sister of Melanie is being advised for the distribution
of estate owned by couple. However, it was found that Melanie discovered a Will before 3 years
under which Susan would be considered as the main beneficiary. However, the couple was
having below mentioned assets-
1 'Husband And Wife. Rights And Liabilities Of Husband As To Third Party. Liability Of
Husband For Wife's Necessaries When He Has Furnished Her With Money' (2009) 43 Harvard
Law Review

 The house having 3 bed rooms and value of the same is worth £300000
 They also had one account with the name of Bernie consisting balance worth £8,000
 £10000 was owned by Melanie as it was her personal account only.
 Melanie and Bernie were having joint account also with the value of £12000 in Northern
Rocket
The above mentioned situation reflects that both were having significant amount of money in
order to ensure the survival of their kids effectively. This proves to be effective to take care of
their children in the right manner. This aspect tends to support the children after the death of
their parents. However, the given situation reflects that couple had kids from their previous
relationship only but they both have right to possess the property of their parents in case both
took the responsibility of the kids in sharing. However, the given situation reflects that Melanie
signed a will with declaration of major benefit to Susan her own daughter. Owing to this,
distribution of estate might be done in a different manner2. This proves to be effective in meeting
the expectations of all related parties and provide them right to act in accordance with legislative
framework. This in turn parties must abide the stated regulation and accordingly resolve the
cases in case of death of any single partner3. Furthermore, the property is divided among the
children in accordance with the status of the will. For example, the procedure will be different if
there is will and the same will be quite different in case there is no will. In this manner, all
procedures are considered by the regulatory authority to complete the related activities and
provide them right to take appropriate action for the distribution of property4.
2 a Advising Hilary about the distribution of Melanie's estate
According to the given scenario, Hilary would be suggested to take the corrective action
for any kind of mistake taken at her part. This because generally children have the equal right to
2 'Legislation.Gov.Uk' (Legislation.gov.uk, 2016) <http://www.legislation.gov.uk/>
accessed 19 December 2016
3 Jeffreys S, 'They Know It When They See It: The UK Gender Recognition Act 2004'
(2008) 10 The British Journal of Politics and International Relations
4 (Estate Administration: The Will After Death, 2017) <http://estate.findlaw.com/estate-
administration/estate-administration-the-will-after-death.html> Accessed on 2nd May 2017

get the property of parents in accordance with the legislative framework5. This in it is important
to discuss the issue with her so as to take the corrective action for the purpose of securing rights
of all related parties in an effectual manner. At this juncture, below mentioned aspects can be
referred6. Wills-The given scenario reflects that presence of will under which mother of Susan
already wrote the commitment related to main beneficiary. However, a will must contain
all the important information related to contract or other related so as to clarify the
agreement in front of others and allow them to contribute towards making right kind of
decision7. However, there are major requirement must be fulfilled before making a valid
will. This must be prepared by a person who is 18 years old or over of the same. The will
should not be made with any kind of pressure from the outside party and it should be
made voluntarily. Furthermore, there is requirement of two witness along with their sign
at the time of making the will. However, all these aspects reflects that will has been
approved and validly executed. Owing to this, Hilary should distribute the assets as per
the will of the Melanie. Owing to this, Susan will be provided property in accordance
with the will provided by her mother. This proves to be effective to meet the obligations
effectively. On a critical note, joint property will be distributed in accordance with
regulatory framework only.
 Inheritance Act 1962-The article third of this act reflects that in case in case of no any
child of the deceased person then spouse or hers or his has right to inherit the overall
estate8. On the other hand, in case they have their kids then the property will be divided
5 Levkovitz V and others, 'Perception Of Ill Spouse And Dyadic Relationship In Couples
With Affective Disorder And Those Without' (2010) 58 Journal of Affective Disorders
6 Eijkholt M, 'Procreative Autonomy And The Human Fertilisation And Embryology Act
2008: Does A Coherent Conception Underpin UK Law?' (2011) 11 Medical Law International
7 Rydqvist K, Spizman J and Strebulaev I, 'Government Policy And Ownership Of
Financial Assets'(2011) SSRN Electronic Journal
8 (Inheritance Act No. 8, 14 March 1962, 2017) <https://eng.innanrikisraduneyti.is/laws-
and-regulations/english/inheritance/> Accessed on 2nd May 2017

equally. On the other hand, article 7 presented that other spouse after the death of one can
have right of the beneficial enjoyment of the joint estate until the will is not provided by
the deceased person9. Though, the current case is showing that deceased person has
provided the will and accordingly her property will be distributed among the kids or
children. However. Daughter of her is already 20 years old so she has right the possess
the property given by her mother. Also, she can easily claim in case the property is not
provided in an effectual manner10. This in turn aspects mentioned in the will, will be
considered by the Hilary and then the remaining property will be distributed among the
both the kids. It is because they both belong to each other and accordingly contribute
towards the equal right to gain the possession of the property of their parents. However, it
might possible that major part of personal property of Melanie will be provided for the
Susan only11.
2b Difference in the situation in case Bernie also died 3 weeks after Melanie
The second case reflects related to death of the Bernie just after the 3 weeks of the
Melanie. For this purpose, it can be found that Bernie dies without leaving any kind of will
where the decision related to distribution of property will be done in accordance with the will of
Melanie and the act specific in the same context. For this purpose, Hilary can distribute the
property in accordance with the will provided by the Melanie but remaining will be distributed
among both. However, it might be possible that as per the legislative framework, the property of
Bernie will be divided accordingly. However, it might be possible that personal property of
Bernie will be put on hold until his son gets 18 years old. This in turn such kind of external
conditions must be focused by the parties so as to provide the remedial condition. Owing to this,
it is important to ensure the son or kids who are receiving the property are matured enough. This
in turn it is becomes easy to cope up with the changing scenario as expectations of all associated
9 Scott-Joynt M, 'The Civil Partnership Act 2004: Dishonest Law?' (2007) 9 Ecclesiastical
Law Journal
10 'The Human Rights Act 1998' (2009) 19 Property Management
11 (Wills, 2017) <https://www.citizensadvice.org.uk/family/death-and-wills/wills/>
Accessed on 2nd May 2017

parties will be met effectively so as to cater the requirement of all involved stakeholders. This
aids to derive valid outcome and support the significant parties in the resolution of family
conflicts. Furthermore, it is mentioned in the rules of intestacy that children of different
relationship are also entitled to get the property in the equal proportion as the couple got
married12.
On a critical note, equal sharing rights is decided in accordance with the duration of
relationship. For example, completion of relationship in three years will allow you to divide your
property equally. This enables corporation to effectively provide the right kind of decision in
context of all mentioned parties. For this purpose, it might be possible that separate assets remain
separate of both the partners. However, it is very important to ensure the equal right of both
partners on the shared assets. This would be effective for the purpose of securing the right of
mentioned parties13. Owing to this, Hilary can work accordingly to will and secure the right of
involved party in the right manner. This leads to meet the expectations of all mentioned parties
and in the same manner this might be possible that separate property of both partners remain
with their own kids. However, another case of Bernie's kid is complex as he is not mature.
Hence, he will get the possession of property at the completion of 18 years and currently he is 17
years old only14. This in turn Hilary works in accordance with the inheritance legislation and
regulation so as to complete the take in the right manner and meet the expectations of all related
parties. This in turn families issues can be resolved in the right manner and requirement of all
related parties can be fulfilled effectively. Therefore, legislative framework will be followed by
the Hilary in order to provide the equal right to kids of Melanie and Bernie.
Recommendations
The Hilary can seek the legal advice in the second case because both partners died and
distribution of their property become quite complex. However, there is presence of will which
12 Brooks L, 'Matrimonial Causes: Being An Exposition Of The Matrimonial Causes Act,
1937; The Summary Procedure (Domestic Proceedings) Act, 1937' (2011) 3 The University of
Toronto Law Journal
13 Weisman J, '“Ownership” “Assets” And Transferability Of “Property Rights”.' (2010) 27
Israel Law Review
14 Bendix R, 'Inheritances: Possession, Ownership, And Responsibility' [2009] Traditiones

can be used in order to provide protection for children of both Melanie and Bernie. In this
manner, effective legal advice will be provided for the distribution of separate property and the
one which is owned by both of them in sharing15.
CONCLUSION
The aforementioned report concludes that legal advice is important to resolve some of the
complicated situation of the partners and providing them effective solution for the issues which
are being faced by them. It leads to cater their requirement by proposing the remedy regarding
the distribution of property in case of death of one partner or both. It can also be concluded that
divorce petition can be drafted effectively by providing the clear rationale behind the separation
of partners and asking for the freedom of each for the purpose of living the independent live. In
addition to this, statutory requirement must be complied by all included parties so as to meet the
obligations of mentioned parties.
15 'Title, Ownership, And Possession. Articles Subject To Ownership. Right To Artistic
Creations' (2012) 21 Harvard Law Review

REFERENCES
Journals and books
Bendix R, 'Inheritances: Possession, Ownership, And Responsibility' [2009] Traditiones
Brooks L, 'Matrimonial Causes: Being An Exposition Of The Matrimonial Causes Act, 1937;
The Summary Procedure (Domestic Proceedings) Act, 1937' (2011) 3 The University of Toronto
Law Journal
Eijkholt M, 'Procreative Autonomy And The Human Fertilisation And Embryology Act 2008:
Does A Coherent Conception Underpin UK Law?' (2011) 11 Medical Law International
'Husband And Wife. Rights And Liabilities Of Husband As To Third Party. Liability Of
Husband For Wife's Necessaries When He Has Furnished Her With Money' (2009) 43 Harvard
Law Review
Jeffreys S, 'They Know It When They See It: The UK Gender Recognition Act 2004' (2008) 10
The British Journal of Politics and International Relations
Levkovitz V and others, 'Perception Of Ill Spouse And Dyadic Relationship In Couples With
Affective Disorder And Those Without' (2010) 58 Journal of Affective Disorders
Rydqvist K, Spizman J and Strebulaev I, 'Government Policy And Ownership Of Financial
Assets'(2011) SSRN Electronic Journal
Scott-Joynt M, 'The Civil Partnership Act 2004: Dishonest Law?' (2007) 9 Ecclesiastical Law
Journal
'The Human Rights Act 1998' (2009) 19 Property Management
'Title, Ownership, And Possession. Articles Subject To Ownership. Right To Artistic Creations'
(2012) 21 Harvard Law Review
Weisman J, '“Ownership” “Assets” And Transferability Of “Property Rights”.' (2010) 27 Israel
Law Review
Online
(Inheritance Act No. 8, 14 March 1962, 2017) <https://eng.innanrikisraduneyti.is/laws-and-
regulations/english/inheritance/> Accessed on 2nd May 2017
(Estate Administration: The Will After Death, 2017) <http://estate.findlaw.com/estate-
administration/estate-administration-the-will-after-death.html> Accessed on 2nd May 2017

(Wills, 2017) <https://www.citizensadvice.org.uk/family/death-and-wills/wills/> Accessed on 2nd
May 2017
'Legislation.Gov.Uk' (Legislation.gov.uk, 2016) <http://www.legislation.gov.uk/> accessed 19
December 2016

APPENDIX
Certified copy of an entry of marriage pursuant of the Marriage act 1949
Registration District Redbridge
Marriage solemnized at The Register Office District of Redbridge in the London
Borough of Redbridge.
Columns:-
No: 1 2 3 4 5 6 7
8
When Married Name and surname Age Status Rank or profession Residence at time
of marriage Father’s name Father’s profession
4
……………………………………………….
……………………………………………………………………………………………….
Arthur Heffzer 46 Divorcee Musician 11 Nofool Lake
Oldschool Adam Heffzer Electrician
Married in the Register Office_by certificate before Douglas
Michaels
This marriage{ Chelsea Devon } in the { Mark Ainsley
Superintendent Registrar
Solemnized { Arthur Heffzer _}presence
Stan Watson
Between us. Of us
Certified to be a true copy of an entry in a register in my custody. Registrar }
Maureen Wilson…………………… CAUTION:-It is an offence to falsify a certificate or to
make or knowingly use a false certificate or a copy of a false certificate intending it to be
accepted as genuine to the prejudice of any person or to possess a certificate knowing it to be
false without lawful authority.
WARNING: THIS CERTIFICATE IS NOT EVIDENCE OF THE IDENTITY OF THE PERSON
PRESENTING IT
This document has been produced for teaching purposes at the University of East London, Client Practice only.
No other use is intended.