Equity andTtrusts- problem question Essay Example | Topics and Well Written Essays - 1500 words

Equity andTtrusts- riddle question - Essay Example250,000, and if the cultivated render /spouse has survived more than 28 days of the dead person , thence(prenominal) he is entitled to receive whole of ? 250,000 or less. If the net terra firma is more than ? 250,000 , then , the first ? 250,000 together with the personal possession to civil henchman/spouse. Fifty percent of the balance should be equally shared among kids. The civil partner /spouse will also have the right to the have-to doe with on the balance amount of deceased estate during his life time only, and then children of the civil partner /spouse will receive the same in equal shares after the life time of the civil partner or spouse. (www.graysons.co.uk). In case of intestacy, if the claimant is not a registered civil partner or married, then he may not get a share in the deceased property automatically. If the deceased has not provided for the cohabitating partner in some other way, then such partner can menti on a claim beneath the provisions of the Inheritance (Provision for Family and Dependents) Act 1975. In case of cohabitation, the surviving partner has to demonstrate that she or he had maintained either partly or wholly by the deceased. Further, a cohabitating partner has to make the claim within the 6 months from the date of the issue of letters of administration. (www.direct.gov.uk) The position of childrens of cohabitated couple is somewhat awkward under U.K laws. Schedule 1 to the Childrens Ac 1989 offers power to the courts to site some financial relief for the advantage of children despite the status of the raises affiliation.(Barrington, A,2001). Stack v Dowden This case was astir(predicate) the rights over a property over which cohabitation partners lived together before their separation. This case codifies parvenue structure within which cohabitant rights are to be decided and will pave to greater simplicity and inference for future cases. In this case, the cohabitan t couples separated after having four children. There was one residential place, which was co-owned by them and a suit was filed the estranged male partner for equal division. Finally, the House of Lords upheld the Court of Appeals opinion that Ms Dowden was entitled to 65% and Mr. Stack to 35% House of Lords might have given high share to female partner on considering the factor that she had four children and also contributed substantially for the purchase of that house. (www.publications.parliament.uk). In this case, Pauline Jonathan will be the legal heir of Jonathan Reisberg as she is the daughter of Jonathans erstwhile wife. In the problem, it has been stated that they were in separation for the last fifteen years and there is no mention about a divorce. Since Lorraine Lexington is a cohabitating partner, either she or his children have no legal rights to inherit Jonathans estate as he died intestate. Lorraine Lexington, as a cohabitating partner can make a claim under the pr ovisions of the Inheritance (Provision for Family and Dependents) Act 1975. The triplets can seek relief under Schedule 1 to the Childrens Ac 1989 offers power to the courts to order some financial relief for the benefit of children despite of the status of the parents relationship. Validity of a Cheque under UK Laws Under UK laws, there is no definite guidepost about the validity of a cheque. Banks in UK normally will refuse to honour the cheques if it is more than hexad months old. However, it is at the discretion of the bank that deals with it. Cheques will