Testate Succession - Law Dictionary Search Results
Home Dictionary Name: testate successiontestate succession
testate succession see succession ...
succession
succession 1 a : the order in which or the conditions under which one person after another succeeds to a property, dignity, position, title, or throne [the sequence of to the presidency] b : the right of a person or line of ancestry to succeed c : the line of ancestry having such a right 2 a : the act or process of following in order b : the act or process of one person's taking the place of another in the enjoyment of or liability for rights or duties or both 3 : the act or process by which a person becomes entitled to the property or property interest of a deceased person and esp. an intestate : the transmission of the estate of a decedent to his or her heirs, legatees, or devisees ;also : the estate of the deceased including assets and liabilities used chiefly in the civil law of Louisiana intestate succession 1 : the transmission of property or property interests of a decedent as provided by statute as distinguished from the transfer in accordance with the decedent's wi...
disposable portion
disposable portion in the civil law of Louisiana : the portion of a testate succession that may be donated to legatees other than the forced heir compare marital portion ...
legitime
legitime [French, from Latin legitima (pars) the lawful (share)] in the civil law of Louisiana : the portion (as one-fourth) of a testate succession that is reserved for a forced heir called also forced portion compare disposable portion, falcidian portion, marital portion NOTE: The fraction used to calculate the legitime will vary depending on the number of forced heirs. ...
Succession duties
Succession duties. The (English) Succession Duty Act, 1853, amended by 22 & 23 Vict. c. 21, ss. 12-15, and by the Customs and Inland Revenue Acts, 1881, 1888, and 1889, imposed a new set of duties, varying in amount from 1 per cent. in the case of a child succeeding a parent to 10 per cent. in the case of succession to a stranger in blood, upon real or personal property to which any person succeeds on the death of another. The duty is calculated on the capitalized value for the life of the successor of the property succeeded to, in accordance with a table schedule to the Act of 1853; e.g., if a person aged fifty succeed to property worth 100l. a year, he pays succession duty upon 1242l. 19s. 6d.Succession duties are payable as a rule at the same rate as legacy duty in respect of all property liable to be administered by any Court in Great Britain and Northern Ireland--unlike legacy duty, it falls on property passing by death (succession), under disposition by deed or other instrument (...
Conditio si testator sine liberis decesserit
Conditio si testator sine liberis decesserit. When a general settlement makes no provision for children born to the testator after its date, there is a presumption in the Law of Scotland that it is meant to be subject to the condition that no such children will be born. If that condition is not fulfilled, the settlement is presumed in the absence of rebutting evidence to be revoked....
Non quod voluit testator, sed quod dixit in testamento inspicitur
Non quod voluit testator, sed quod dixit in testamento inspicitur [Lat.], not what the testator wished, but what he said, is considered in construing a will....
Si quidem in nomine, cognomine, pr'nomine legatarii testator erraverit, cum de persona constat, nihilominus valet legatum
Si quidem in nomine, cognomine, pr'nomine legatarii testator erraverit, cum de persona constat, nihilominus valet legatum. Justinian's Institutes, 1. 2, t. 20, s. 29.-(Although a testator may have mistaken the nomen, cognomen, or pr'nomen of a legatee, yet if it be certain who is the person meant, the legacy is valid.)...
successive
successive 1 a : of or relating to succession [ rights] b : created by succession 2 : following in order : following each other without interruption [ bankruptcy filings] 3 : of, relating to, or being a petition for habeas corpus that raises a claim already adjudicated suc·ces·sive·ly adv suc·ces·sive·ness n ...
Succession to this office
Succession to this office, the word 'succession' in relation to property and rights and interests in property generally implies 'passing of an interest from one person to another' vide in re Hindu Women's Right to Property Act, 1941). It is now well-established that the office of a hereditary trustee is in the nature of property. This is so whether the trustee has a beneficial interest of some sort or not. (See Ganesh Chander Dhur v. Lal Behari, AIR 1936 PC 318: 71 MLJ 740 and Bhabatatini v. Ashalata, AIR 1943 PC 89: 46 BLR 212) Ordinarily a Shebaitship or the office of Dharmakartha is vested in the heirs of the founder unless the founder has laid down a special scheme of succession or except when usage or custom to the contrary is provided to exist, Sambudamurthi Mudaliar v. State of Madras, AIR 1971 SC 2363: (1970) 1 SCC 4: (1970) 2 SCR 424....
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