English for Tax Administration Study 3

1. English for Tax Administration Study 3 Lecturer: Miljen Matijašević e-mail: miljen.matijasevic@gmail.com G10, room 6, Tue 10:30-11:30 Session 1, 16 Oct 2012

2. English for Tax Administration 1 – Course outline • Coursebook: Vićan, D.M., Pavić, Z., Smerdel, B., Engleski za pravnike, Narodne novine d.d., 2008. • presentationsavailable at www.pravo.hr/sj -> Teaching materials

3. English for Tax ADMINISTRATION 3coursesyllabus • 16 Oct 2012 – Introduction; WillsandInheritance • 23 Oct 2012 – TheEuropean Court ofJustice, part I • 30 Oct 2012 – The European Court ofJustice, part II • 20 Nov 2012 – TypesofEnglish Civil Law • 27 Nov 2012 – Contract • 4 Dec 2012 – Economic, SocialandCulturalRights • 11 Dec 2012 – FormsofBusinessOrganisationinthe USA • 18 Dec 2012 – Police Powersin Great Britain • 8 Jan 2013 – FinalRevision • 15 Jan 2013 – End-of-term Test • 22 Jan 2013 – Signaturesandtutorials

4. Attendance • Optional • Regular attendance (missing no more than 3 sessions) • opportunity to take the end-of-term exam

5. Requirements for the examination • Mastering relevant vocabulary • Being able to talk about the topics covered by the curriculum, using relevant terms • The extra material covered in class will help you understand the content and prepare for the exam • The exam will test the knowledge of the content presented in the coursebook and presentations

6. Optional assignments • presentations on topics more or less related to the curriculum • duration: 15-20 minutes • 2-3 students prepare each presentation as a joint project

7. Presentations • Before giving the presentation, students MUST: • consult the lecturer about the topic • consult the lecturer about the sources • show the entire PP presentation, as well as the outline and notes at least one week before giving the presentation • consult the lecturer about the pronunciation of difficult words

8. Presentations • REWARD for participating in a successful presentation: • you can SKIP the oral examination • HOWEVER... • you still have to take the written test • you MUST attend the classes

9. Unit 24 wills and inheritance

10. INHERITANCE LAW • a.k.a. the law of succession • law that regulates the succession of property upon a person’s death • a deceased person may: • die ‘testate’ (having left a valid will) • die ‘intestate’ (no will or an invalid will)

11. will • a declaration of a person’s wishes concerning the distribution of his/her property after death • it can regulate only what happens to the property owned by the deceased at the time of death • not a permanent document – can be changed or revoked

12. A VALID WILL • a will is valid if the testator has testimentary capacity • any person of full age and sound mind • if it is written in accordance with legal requirements

13. A VALID WILL • a valid will must be: • in writing • signed by the testator • attested by at least 2 witnesses • the witnesses confirm by their signature the authenticity of the testator’s signature • they do not need to know the contents of the will

14. ADDITIONS AND ALTERATIONS • a will is alterable • can be altered (changed) or added to • any changes within the will must be signed by the testator and witnesses • a will can be added to by an attached codicil

15. REVOCATION OF WILLS • a will is revocable until the testator dies • it can be revoked by: • a new will (revoking the previous will) • a codicil • a writing executed as a will • subsequent marriage of the testator • destruction of the will

16. estate • the whole of one's possessions, especially all the property and debts left by one at death • DEVISE • land and real property owned by the testator • LEGACY/BEQUEST • any other form of property (e.g. cars, pecuniary* bequest) • RESIDUE • all that remains after all the debts have been paid *novčan

17. FAMILY PROVISION • until 1938 a testator had complete freedom to dispose of property • not obliged to include provision for his dependants • Inheritance (Family Provision) Act 1938 (amended in 1952 and 1975) • court given power to vary a will upon request by a dependant of the deceased • possible for the court to order that ‘reasonable financial provision’ be paid out of the estate left by the deceased

18. FAMILY PROVISION • list of eligible claimants for family provision • the wife or husband • a former spouse who has not remarried • a child • any person treated by the deceased as a child of the family • any person who immediately before the death of the deceased was being maintained by the deceased

19. personal representatives • estate left to BENEFICIARIES • disposal of a testator’s estate vested in PERSONAL REPRESENTATIVES: • EXECUTORS (of the will) • appointed in the will • ADMINISTRATORS (of the estate) • for someone who died intestate

20. pROBATe • an official document • confirming that the will is genuine • approving the executor’s right to administer the estate • executors apply for probate with the following documents • the will • a death certificate • details of property liable to capital transfer tax • a list of debts and funeral expenses • administrators – appointed by the court

21. pROBATe • personal representatives • absolute power to dispose of the estate • must execute the will/administer the estate within one year and according to law • e.g. must pay off any leftover debts before they transfer property to the beneficiaries

22. INTESTACY • if a person dies intestate, the estate is distributed according to special rules, laid down by the law (Administration of Estates Act, 1925 and Intestates’ Estate Act, 1952) • the following groups of people are considered • surviving spouse (husband or wife) • surviving children • surviving parents • surviving brothers and sisters of the whole blood • surviving relations of remoter degree

23. INTESTACY • the surviving spouse is entitled to the largest part of the estate, the rest distributed in the above order • if a person leaves no relatives whatsoever, the property goes to the Crown

24. vocabulary • to die testate/intestate • testator • testamentary capacity • of sound mind • alteration (of a will) • to alter a will • revocation (of a will) • to revoke a will • codicil • estate

25. vocabulary • to die testate/intestate • testator • testamentary capacity • of sound mind • alteration (of a will) • to alter a will • revocation (of a will) • to revoke a will • codicil • estate ostaviti oporuku, umrijeti bez oporuke oporučitelj sposobnost sastavljanja oporuke mentalno zdrav izmjena oporuke izmijeniti oporuku opoziv oporuke opozvati oporuku dodatak oporuci imovina

26. vocabulary • devise, legacy/bequest • pecuniary bequest • residue • spouse • executor (of a will) • administrator (of the estate) • beneficiary (of the estate) • probate • capital transfer tax

27. vocabulary • devise, legacy/bequest • pecuniary bequest • residue • spouse • executor (of a will) • administrator (of the estate) • beneficiary (of the estate) • probate • capital transfer tax ostavština, oporučni dar novčana ostavina ostatak supružnik izvršitelj oporuke upravitelj imanja nasljednik sudska ovjera oporuke porez na prijenos kapitala

28. a sample will I, EDWARD COKE, of 14 Acacia Avenue, Oxbridge, in the County of Somerset, company director, HEREBY REVOKE all Wills and testamentary documents heretofore made by me AND DECLARE this to be my LAST WILL • I APPOINT my wife Gladys Coke, and my solicitor, Thomas B. Macaulay, to be jointly the executors of this my will. • I DEVISE my freehold cottage known as THE LILACS, at Tone Dale, Oxbridge, unto my son, Hugh Coke, in fee simple. • I BEQUEATH the following specific legacies: • To my son, John Coke, any motor-car I may own at the date of my death. • To my daughter, Carolyn Coke, all my ordinary shares in the company known as Imperial Chemical Industries plc. • To my said wife all my personal chattels not hereby bequeathed for her absolute use and benefit. • I BEQUEATH the following pecuniary legacies: • To my daughter Rosalyn Coke the sum of Three Thousand Pounds • To my daughter Elizabeth Coke the sum of Three Thousand Pounds

29. a sample will I DEVISE AND BEQUEATH all the residue of my real and personal estate whatsoever and wheresoever not hereby or by any codicil hereto otherwise expressly disposed of as to my freeholds in fee simple and as to my personal estate absolutely unto my said wife Gladys Coke for her own absolute use and benefit. IN WITNESS whereof I the said Edward Coke the Testator have to this my LAST WILL set my hand this thirty-first day of March One Thousand Nine Hundred and Ninety-Three. SIGNED AND ACKNOWLEDGED by the above-named Edward Coke the Testator as and for his LAST WILL in the presence of us both present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses: (signatures)

30. Thank you for your attention!