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

Equity andTtrusts- problem question - Essay Example 250,000, and if the civil partner /spouse has survived more than 28 days of the deceased , then he is entitled to receive whole of ? 250,000 or less. If the net estate is more than ? 250,000 , then , the first ? 250,000 together with the personal possession to civil partner/spouse. Fifty percent of the balance should be equally shared among kids. The civil partner /spouse will also have the right to the interest 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 make a claim under the provisions of the â€Å"Inheritance (Provision for Family and Dependents) Ac t 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 children’s of cohabitated couple is somewhat awkward under U.K laws. Schedule 1 to the Children’s Ac 1989 offers power to the courts to order some financial relief for the advantage of children despite the status of the parent’s affiliation.(Barrington, A,2001). Stack v Dowden This case was about the rights over a property over which cohabitation partners lived together before their separation. This case codifies new structure within which cohabitant rights are to be decided and will pave to greater simplicity and certainty for future cases. In this case, the cohabitant couples separated after having four children. There was one residential place, w hich 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 Appeal’s ruling that Ms Dowden was entitled to 65% and Mr. Stack to 35% House of Lords might have given higher 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 Jonathan’s 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 Jonathan’s estate as he died intestate. Lorraine Lexington, as a cohabitating partner can make a claim under the provisions of the Inheritance (Provision for Family and Depen dents) Act 1975. The triplets can seek relief under Schedule 1 to the Children’s Ac 1989 offers power to the courts to order some financial relief for the benefit of children despite of the status of the parent’s relationship. Validity of a Cheque under UK Laws Under UK laws, there is no definite guideline about the validity of a cheque. Banks in UK normally will refuse to honour the cheques if it is more than six months old. However, it is at the discretion of the bank that deals with it. Cheques will