1) Arbitration and mediation in probate disputes

2) Protection of same-sex unions in the field of inheritance law
a - "Concubinage" (cohabitation)
b - Pacte civil de solidarité also known as "PACS" (civil partnership)
c - Marriage

3) How do you overcome the reluctance of adults to establish a testamentary disposition ?
a - Testamentary dispositions when your client wants to avoid the eenforcement of French inheritance law
b - The importance of wills when your estate has an international aspect

(1) Arbitration and mediation in probate disputes
(2) Inheritance rights of same sex couples
(3) Persuading people to make a will

(1) Arbitration and mediation in probate disputes

(2) Inheritance rights of same sex couples; and

(3) Persuading people to make a will

ARBITRATION AND MEDIATION IN PROBATE DISPUTES

Outline of the UK system

The estate of a deceased person does not automatically devolve on the heirs under UK law. The estate vests in the deceased’s “personal representatives” whose task it is to collect all the assets, pay any tax due and discharge any other liabilities of the deceased or the estate and then distribute the net estate in accordance with the deceased’s will or the rules of intestacy.

If the deceased made a will and appoints executors, the executors derive their authority from the will itself. If the deceased dies intestate or, for some reason, there are no executors, rules of the Court lay down who may apply for “letters of administration” to the estate. The authority of administrators derives from their appointment.

A grant of probate or letters of administration “proves” the authority of the personal representatives and entitles them to deal with the estate.

International Estate Planning

1. Admissibility and relevance of arbitration (courts) and mediation concerning probate disputes
2. Protection of same sex unions in the field of inheritance law
3. How do you overcome the reluctance of adults to establish a testamentary disposition?

1) Admissibility and relevance of arbitration (courts) and mediation concerning probate disputes

2) Protection of same-sex unions in the field of inheritance law

3) How do you overcome the reluctance of adults to establish a testamentary disposition?

Admissibility and relevance of arbitration (courts) and mediation concerning probate disputes
Protection of same –sex unions in the field of inheritance law
How do you overcome the reluctance of adults to establish a testamentary disposition?

In the United States when someone dies there is a “probate” process, to oversee the registration of the title of assets that were owned by the deceased to the new owner. This process is completely separate from any tax procedures. There are separate probate courts for this process. The primary probate court will be the court located in the county in which the deceased was domiciled. If there is real estate in another jurisdiction there is also an extra (ancillary) probate proceeding in that county as well.

The first step taken by the probate court is to appoint an executor (sometimes called a “personal representative”) who will have the legal authority over all the assets. In U.S. states that have enacted the “Uniform Probate Code” (UPC), which are the majority of the states, there are several types of probate, including voluntary, unsupervised, and supervised, the latter meaning
the entire probate process will be supervised by the probate court. In a supervised probate, the executor will file the original will with the court together with an inventory of the assets and liabilities. The court will oversee the process of changing the legal title to all the assets.