Elements of the Laws of Property & Inheritance: How to Write a Valid & Effective WILL / Mfalme Davis

Book Cover Elements of the Laws of Property & Inheritance: How to Write a Valid & Effective WILL
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In law, property means the right of ownership, including Choose in Action and Choose in Possession. Choose in Action mean, property which cannot be the subject-matter of physical possession e.g. a debt. Choose in Possession mean, property which can be physically possessed e.g. a car and chattels.
Chattels personal are anything which may be the subject-matter of ownership, other than land or an interest in land. Chattels real are immovable property, whereas Chattels personal are moveable property, i.e., they can be physically transferred to another person.
nature itself has divided property into 'moveable and immovable'. The Law of Succession provides that when the owner of property dies, his property passes on to to his heirs. Here, the right of ownership includes Estates and Interests.
Thus, for the purpose of inheritance law, estates mean the free property of a deceased person. And free property in relation to a deceased person mean the property which the person was legally competent freely to dispose during his lifetime, and respect of which his interests in them has not been terminated by his death.
And person of sound mind may dispose of his property in Testamentary disposition, that is, by way of executing a Valid WILL that is capable of taking effect upon his death. A property owner who dies without making a valid and effective WILL is said to die intestate.
In every valid WILL, the testator will appoint an Executor/executrix who will oversee the distribution of his property among his named heirs. as the rightful beneficiaries.
In intestate distribution of property, the personal representative files a petition in a court of competent jurisdiction in the probate and administration of estates of estates of deceased persons for grant of representation thereof.
In both Testamentary and Intestate distribution of property of a deceased persons, the court or other authority oversees the administration and distribution thereof.
Read this book to learn more as regards the ascertainment of a valid WILL and who who are beneficiary entitled to the estate of an Intestate property owner upon his death.
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