Law in Action Case Study Example | Topics and Well Written Essays - 1500 words

Law in Action - Case Study Example On the death of Patrice and she made no Will or testament, her two kids can be a representative of Patrice or if the husband or Joel is still alive, he could inherit the property provided that Patrice allows him to represent her. At this point, there can be no other choice than him if by the time of Patrice death the kids are still minor. If in case, they are old enough, Joel, being the person alive at that time can choose one of the kids to represent their mother. Joel had been Patrice civil partner for a time, though she is not ready to marry him, he can represent for her. If on the other hand Patrice marries Joel, he will represent her on her death for they were married any way, either civil or church wedding. If no disposition by will shall be made of any estate pur autre vie of a freehold nature, the same shall be chargeable in the hands of the heir, if it shall come to him by reason of special occupancy, as assets by descent as in the case of freehold land and see simple; and in case there shall be no special occupant of any estate pur autre vie, whether freehold or customary freehold, tenant right, customary or copyhold, or of any other tenure, and whether a corporeal or incorporeal hereditament, it shall go to the executor or administrator of the party that had the estate thereof by virtue of the grant; and if the same shall come to the executor or administrator either by reason of a special occupancy or by virtue of this Act, it shall be assets in his hands, and shall go and be applied and distributed in the same manner as the personal estate of the testator or intestate. The only legal estates now capable of subsisting in land being an estate in fee simple absolute or a term of yea rs absolute, estates pur autre vie can now only subsist in the equitable interest in land, legal life estates being abolished (Law of Property Act, 1925) (c. 20), section 1(1), (2), (3), Vol. 15 title Real Property, p.177) As to special occupancy, see section 1 (1) of the Administration of estates Act 1925 (c.23), Vol.8, entitled EXECUTORS AND ADMINISTRATORS, p 306, by virtue of which real estate to which a deceased person is entitled for an interest not ceasing on his death devolves from time to time on the personal representative of the deceased, in like manner as before the commencement of that Act chattels real devolved from time to time on the personal representative of a deceased person. In early times a married woman was incapable of a will. Her will of land was declared void by statute (Stat. (1542-3) 34 & 35, Hen. 8, c.5 (now repealed)) Her will of real property was equally invalid, not merely because marriage was a gift of real property to her husband, but because in the eye of the law the wife had no existence separate from that of her husband, and no separate contracting or disposing powers. In course of time,