Succession Law and Legal Rights

The law of succession regulates what happens to a person’s assets and liabilities upon death.
It focuses on the management and distribution of a person’s patrimony.
Relationship to Property and Family Law: Succession law intertwines with these areas, particularly regarding the inheritance of assets.
Potential Outcomes for a Person’s Patrimony Upon Death: There are various possibilities regarding how an estate may be handled after death.

Patrimony: The total assets and liabilities of a deceased person, regarded as their estate.
Testate: Refers to a situation where a deceased person has left a valid will.
Intestate: Refers to a situation where a deceased person has not left a valid will.

Inheritance Tax: A tax imposed on the estate of a deceased person before distribution to heirs.
Legal Rights: These rights are not defeasible and must be respected regardless of testamentary provisions.
The Rest of the Estate is ‘Free’: This indicates that beyond legal entitlements, the remainder of the estate can be distributed per the deceased's wishes.
- The system emphasizes legal entitlements rather than moral claims.

There are three primary ways in which one person may inherit from another:
1. By legacy (testate succession only)
2. By intestate succession
3. By legal rights
An important principle: The living can inherit; the dead cannot.

Case Reference: In the Matter of the Estate of Barbara A. Bucci, 57 Misc.2d 1001, 293 N.Y.S.2d 994 (1968).

Minors: Individuals below the age of majority.
Children Born Out of Wedlock: Non-marital offspring have inheritance rights.
Adopted Children: Legally recognized children by adoption.
Stepchildren: Can have rights under specific circumstances.
Posthumous Children: Children born after the death of a parent.
Spouses/Civil Partners: Legal partners in civil unions.
Cohabitants: Individuals who live together in a long-term relationship without marriage.
Juristic Persons: Entities such as corporations that can inherit.
Unworthy Heirs: Individuals disqualified from inheritance due to misconduct.

Definition: The ‘estate’ refers to a person’s patrimony upon death, encompassing all assets and liabilities.
Executor’s Role: The estate must be ‘wound up’ by the executor, who is responsible for:
- Paying debts
- Settling any tax obligations
- Distributing the remaining assets (in kind or monetary) to the beneficiaries.
Passive Transmissibility: Liabilities of the deceased continue as obligations of the estate; death does not dissolve these obligations.
Consideration of Digital Property: Digital assets must also be accounted for in the estate management process.

Types of Executors:
1. Executor-Nominate: Appointed by the deceased in their testament.
2. Executor-Dative: Appointed by the sheriff in the absence of a nominated executor.
Executor’s Responsibilities:
- Create an inventory of the estate.
- Obtain confirmation of their authority to manage the estate.

Are executors personally liable for the debts of the deceased? The answer requires consideration of the specifics of the debt obligations and the management of the estate.

Indefeasible Rights: The relict (surviving spouse) and issue (children) possess rights that cannot be negated by testamentary provisions.
Spousal and Children’s Rights: A spouse or children cannot be disinherited through a will.
Those without a spouse or children benefit from complete testamentary freedom.
Calculation Basis: Legal rights are computed solely from the moveable estate, excluding the heritable estate.

Relict: The surviving spouse of the deceased.
Issue: Direct descendants including children.
Moveable Estate: Property that is not fixed in place, e.g., personal belongings, cash.
Dead’s Part: The portion of the estate allocated for legal rights.

Jus Relictae: One-third of the net moveable estate allocated if the deceased has children; one-half if there are none.
Legitim: One-third of the net moveable estate if a relict exists; one-half if not.

Consideration of the distributions made under the legal rights framework:
- Example Scenario: If Peter dies leaving his estate to charity, his spouse Lucy and children are still entitled to their legal share despite his wishes in the will.
- Calculation Details:
- Lucy receives £40,000 (1/3 of the moveables).
- Each child receives £10,000 from the remaining £40,000 legitim share.

For Testate Succession:
1. Debts (including taxes)
2. Legal rights
3. Legacies
For Intestate Succession:
1. Debts (including taxes)
2. Prior rights
3. Relict’s rights
4. Cohabitant’s rights
5. Legitim
6. Free estate

Rights of succession can be renounced, similar to other rights in private law.
Legal rights may often be declined for various reasons:
1. Altruism: The desire to benefit others over oneself.
2. Doctrine of Approbate/Reprobate: One cannot accept both a legacy and an entitlement simultaneously.

Example of Altruism: Lia and Paula married with children may choose to protect their children's inheritance by renouncing their own claims.
- They may choose not to claim legitim against their parent, thereby benefiting the parent instead.
Example of Approbate/Reprobate:
- Mark’s Estate: If Paul renounces his spousal rights, he cannot accept a legacy from Mark's will while still claiming marriage rights.
- Lucy and Ellie’s scenarios illustrate complex decisions regarding legitim claims.

Mia's Estate: Upon Mia's death, leaving a house valued at £350,000 and moveables at £800,000, complications arise regarding her son Michael's legitim claim.
- Michael claims legitim (£400,000) affecting the legacy he receives under the will.

Jim: Represented as a node in a family tree with the potential distribution of a moveable estate of £100,000, demonstrating the per stirpes and per capita methods.

Testate Succession
LAST WILL AND TESTAMENT
Further discussion and details are forthcoming regarding the formulations of a will and relevant legal assertions for various contexts of inheritance.