..
Yes..I thought I read that somewhere earlier, was it in a link someone posted...if so,that is excellent news
http://www.academia.edu/1458571/Unlawful_Killing_of_a_Joint_Tenant
I've just found this.
..
Yes..I thought I read that somewhere earlier, was it in a link someone posted...if so,that is excellent news
Where did I read it (or did I dream it) that in such cases the murderer is treated in law as having pre-deceased the victim? In which case, under joint ownership, the whole house would pass to Helen's estate. I wouldn't like to be Tony Hurley, I see another court case brewing.
From Wiki...
The slayer rule, in the common law of inheritance, is a doctrine that prohibits inheritance by a person who murders someone from whom he or she stands to inherit (e.g., a murderer does not inherit from parents he or she killed). In calculating inheritance of the decedent's estate, the effect of the slayer rule was that the slayer would be treated as though he or she had predeceased the person who had been murdered, therefore his or her share of the estate would pass to his or her issue.
While convicting someone of the crime of murder requires proof beyond a reasonable doubt, the slayer rule applies to civil law, not criminal law, so it is only necessary to prove the wrongful killing by a preponderance of the evidence, as in a wrongful death claim. This means that even a slayer who is acquitted of the murder in criminal court can still be divested of the inheritance by the civil court administering the estate.
I'm holding off the champers but Dolly's started on her cocktail sausages, fully confident of a Guilty verdict!
(I've put them back in the fridge now, she can finish them when we get the actual result).
BIB
That rather looks as though IS's share will go to the boys. Is that really the case? If so, I would be happy with that
I am sure somebody posted on an earlier thread that the slayer's dependents could not inherit? Now I am confused.
I have just had a thought. The Slayers Law is an American Law is it not? Have we adopted it here in the UK?
Coincidentally I have been reading about this subject this evening. Really too complicated for me so it would be great if we have any legal eagles here that could help explain please?
Slayers Law is a US of A law, so not applicable in that sense. I am wondering about the "presumption of predecease" and if that would apply to this case?
From rubbing my two brain cells together I gather there is also the Intestacy law 2011 whereby the children of the guilty party cannot inherit, it will miss a generation so the grandchildren shall inherit.
Obviously I don't know what I'm talking about, but would be very interested in clarification.....anyone?
Something that's been bothering me but not techy enough to know if it's true/plausible.... When we were all checking out his website and other domain names it showed loads of domain names associated with him mainly payday lender type sites etc. These were discounted because they were addresses registered in America, Texas I think. The reason this niggled me is that Helen's PayPal had attempted transactions and these were thought to be random cyber attacks because they had an American IP address. Is there any way that IS could have been using these domains via a proxy server and dabbling in internet fraud?! It might have been something he did anyway accumulating wealth as he went, small withdrawals from bankaccs /PayPal. I'm sure it's nothing as police would have investigated his finances I'm sure but no computer record to incriminate
Something that's been bothering me but not techy enough to know if it's true/plausible.... When we were all checking out his website and other domain names it showed loads of domain names associated with him mainly payday lender type sites etc. These were discounted because they were addresses registered in America, Texas I think. The reason this niggled me is that Helen's PayPal had attempted transactions and these were thought to be random cyber attacks because they had an American IP address. Is there any way that IS could have been using these domains via a proxy server and dabbling in internet fraud?! It might have been something he did anyway accumulating wealth as he went, small withdrawals from bankaccs /PayPal. I'm sure it's nothing as police would have investigated his finances I'm sure but no computer record to incriminate
Give that little lady a big bedtime hug! xx fftobed:
If that really is the case, then it's the law, so he can challenge all he likes, so long as he has the funds to pay a lawyer, lol.
As for distributing the estate, I have no doubt TH will be guided by Helen's wishes in this and previous wills, and her brother who I am sure can be trusted to act with fairness and generosity.
He probably presented with lid lag and muscle fatigue which is characteristic of the disease though not always present. It certainly makes it much easier if one is seen when the worst symptoms are present. I had double vision and inability to speak more than a sentence but even so I had long spells where I was able to cope. I was a stay at home mum and could rest during the day. By the time I was diagnosed I could not walk more than 25 yards but that has more to do with me having a really bad GP.
I think the UK law is called the Forfeiture Law. I am sure we have a lawyer on board. Mr Jitty if one but his line was Civil. Nonetheless he is very knowledgeable.
Miss Twiddle, I thought the exact same thing. He was worried that he would die before Helen and all his assets would pass to her if they were man and wife. If she then re-married again, his sons could miss out on not only Helen's money, but also his own.
Miss Twiddle, I thought the exact same thing. He was worried that he would die before Helen and all his assets would pass to her if they were man and wife. If she then re-married again, his sons could miss out on not only Helen's money, but also his own.