Probate Law Research Articles

Notarial Management and Technology: Evaluation of Legal Certainty in Intestate Succession Procedures in Peru

Purpose: The central purpose of the research is to explore and determine how the intestate succession process influences legal security in Peruvian notaries' offices. Although the theoretical framework is not explicitly stated, it can be inferred that it focuses on notarial management, legality, and legal security, as well as the intersection of technology and data science with law. Theoretical framework: The importance of notarial management, legality and legal certainty in intestate succession proceedings is mentioned, as well as the relevance of technology and data science in the legal field. Design / methodology / approach: In terms of design and methodology, the research is applied and has been carried out through a non-experimental design, specifically cross-sectional, descriptive, and correlational. A total of 30 lawyers have been surveyed, exploring the variables intestate succession process and legal certainty. Results: The results indicate that both variables are regular, with 63% each, and a strong positive correlation between them was identified, with a Spearman's Rho of 81.5% and a p-value of 0.001, which allows us to accept the alternative hypothesis. Research, practical and social implications: From a practical and social perspective, the research underlines the critical importance of meticulous and efficient notarial management, which not only protects clients' rights, but also ensures fair redress in case of inconvenience, weaving a blanket of legal security around all parties involved. We envision a future in which technology and data science intertwine with law, creating predictive models and automated systems that optimize notarial processes and anticipate potential problems in probate proceedings. Originality / value: In terms of originality and value, the research stands out not only for illuminating the correlation between intestate succession procedures and legal certainty, but also for highlighting the need for meticulous and efficient notarial management. Moreover, it opens a window to a horizon where technology and data science merge with law, and where academia becomes a melting pot for future legal professionals, linking academic knowledge with society through didactic material and online learning platforms, illuminating the nooks and crannies of probate law and empowering the public.

Notarial Management and Technology: Evaluation of legal certainty in intestate succession procedures in Peru

Purpose: The central purpose of the research is to explore and determine how the intestate succession process influences legal security in Peruvian notaries' offices. Although the theoretical framework is not explicitly stated, it can be inferred that it focuses on notarial management, legality, and legal security, as well as the intersection of technology and data science with law. Theoretical framework: The importance of notarial management, legality and legal certainty in intestate succession proceedings is mentioned, as well as the relevance of technology and data science in the legal field. Design / methodology / approach: In terms of design and methodology, the research is applied and has been carried out through a non-experimental design, specifically cross-sectional, descriptive, and correlational. A total of 30 lawyers have been surveyed, exploring the variables intestate succession process and legal certainty. Results: The results indicate that both variables are regular, with 63% each, and a strong positive correlation between them was identified, with a Spearman's Rho of 81.5% and a p-value of 0.001, which allows us to accept the alternative hypothesis. Research, practical and social implications: From a practical and social perspective, the research underlines the critical importance of meticulous and efficient notarial management, which not only protects clients' rights, but also ensures fair redress in case of inconvenience, weaving a blanket of legal security around all parties involved. We envision a future in which technology and data science intertwine with law, creating predictive models and automated systems that optimize notarial processes and anticipate potential problems in probate proceedings. Originality / value: In terms of originality and value, the research stands out not only for illuminating the correlation between intestate succession procedures and legal certainty, but also for highlighting the need for meticulous and efficient notarial management. Moreover, it opens a window to a horizon where technology and data science merge with law, and where academia becomes a melting pot for future legal professionals, linking academic knowledge with society through didactic material and online learning platforms, illuminating the nooks and crannies of probate law and empowering the public.

False positive ecstasy (MDMA) urine drug screening test results due to bupropion use: A case report

This case report is about a false positive ecstasy (MDMA) result in the urine substance abuse screening analysis of a person using the antidepressant drugs bupropion and sertraline with a therapeutic indication. Urine drug and stimulant screening analysis of a 25-year-old male patient who is history of bupropion (300 mg/day) and sertraline (100 mg/day) use, followed in the Amatem polyclinic due to the probation law, was performed with Syva® Emit® II Plus kits and immunoassay method. In order to confirm the ecstasy test, which was positive in the screening analysis, the substance analysis was repeated on the same sample with the gas chromatography sequential mass spectrometry (GC-MS) method and ecstasy was not detected in the confirmation analysis. At the same time, the presence of bupropion and sertraline patient declared to use, was confirmed with the LC-MS-Iontrap device. In conclusion, with this case example, we wanted to highlight the potential interaction of bupropion with the Syva® Emit® II Plus urine ecstasy screening tests, which could lead to false positive results. When positive ecstasy values are detected in the urine samples analyzed with the immunoassay method in patients using bupropion, the final decision should be made after a confirmatory analysis.

2021 Developments in Connecticut Estate and Probate Law

2021 Developments in Connecticut Estate and Probate Law

2022 Developments in Connecticut Estate and Probate Law

2022 Developments in Connecticut Estate and Probate Law

일본의 총력전 체제와 조선에 대한 방공(防共)정책

This research examines Japan's total war system during the war from the aspect of anti-communist policy. Among them, Japan judged that the threat of the Communist Party was more serious in Korea than in Japan, and analyzed that it implemented an anti-communist policy in Korea that combined the judicial Peace Preservation Law and the cultural Korean Anti-Communist Association. The Soviet Revolution of 1917 had a great impact on the Western nations, and in 1920, it became a fashion in Europe and the United States to enact security legislation in order to prevent forces that would cooperate with the Soviet Union and promote domestic revolutionary movements. Japan enacted the Radical Social Movement Control Law in the early 1920s, and in 1925 it enacted the Peace Preservation Law. And Japan tried to deal with communism not only with the Soviet-Japanese Basic Treaty. This Peace Preservation Law was applied to suppress nationalist and socialist-affiliated independence movements in Korea. In Korea, not only communism, but also national and independence movements had to be suppressed and cracked down, so the Peace Preservation Law was applied to all cases.
 Also, in the 1930s, Japan began to feel the effects of the Great Depression, and as a result, the labor movement and the peasant movement grew to an unprecedented scale. Then, in 1936, he submitted a bill to revise the Peace Preservation Law and passed the ‘Thought Criminal Probation Law’. In 1938, Japan began to advocate the need for a complete revision of the Peace Preservation Law, mainly through on-site ideological examinations. This is because Japan recognized that maintaining security in the rear was the most important issue in the process of developing a total war system following the outbreak of the Sino-Japanese War. Such demands resulted in a complete revision of the Peace Preservation Law in 1941. At that time, Japan had an overwhelming number of cases of applying the Peace Preservation Law in Korea compared to other colonies. This was due to the perception of the Japanese authorities that the geographical and social conditions of Korea were more influenced by communism than Japan. In addition to this, on August 15, 1938, the Korean Anti-Communist Association was established to thoroughly eradicate communist ideology, and carried out anti-communist education through various projects. In this way, Japan tried to prevent the spread of communism to Korea under the total war system during the war through the Peace Preservation Law and the Korean Anti-Communist Association.

2020 Developments in Connecticut Estate and Probate Law

2020 Developments in Connecticut Estate and Probate Law

The place of the notary institution in the doctrine of the probate law in Ukraine: theoretical aspect

The author studies some theoretical and practical issues of the notary system in the national legal doctrine of the probate law. It has been determined that the notary system plays an important part in regulating economic relations, provides steadiness and security in behaviour of participants of civil and hereditary relations, facilitates the decrease in the number of violations and eliminates objective conditions of their commission. This requires some scientific analysis of the basic issues, among which the important place is taken by the issues of notary activities in the legal regulation of hereditary relationships in Ukraine. In this connection grows the significance of studying the place of the notary institution in the doctrine of probate law in Ukraine. Therefore, the author studies social relationships that arise in the context of notary activities, as well as the ones in connection with notarial acts between a notary public and testator (heir) and also between a notary public and state bodies. Taking into consideration the modern realities, the conditions of using more strengthened notary potential should be created in the sphere of protection of civil rights and interests of both natural and legal entities with the purpose of building up a civil society of the country. The notary institution may play a significant part in the judiciary reform in Ukraine as the solution of one of the main problems in judicial activity, i.e. consideration of all cases in a court judges’ jurisdiction, is impossible without decreasing the their workload. So, the important is the development of pre-court civil jurisdiction, where a more complete use of the positive potential of the notary institution in the sphere of the civil and probate laws belongs to. In this context, the international experience demonstrates that certain regulations of the probate law in EU countries could be taken into account in the notary activities considering the issues of heirdom, as there are some problems in the legal mechanism of probate law realization in Ukraine. The author analyses some novelties of the probate law in the country in accordance with the Civil Code of Ukraine (2003). The most novel are some provisions as to the forms of testament, secret will, spousal testamentary trust, probate contract, five determined categories of heirs-at-law, protection and management of inheritable property as well. The modern trends of the probate law are considered within the framework of the national legislation adaptation to the EU law. Attention is drawn to a number of existing problems in the sphere of notary activity, elimination of which will not only help to provide inheritance rights, but also to successfully realize judicial reform in Ukraine. Key words: notary system, notary activity, reform of the notary activity, probate law, testator, heir, doctrine of probate law.

Formation and development of the doctrine of heirless (vacant) succession in Ukraine

The author studied the formation and development of the doctrine of heirless (vacant) succession in Ukraine. It has been determined that the probate law in Ukraine, as well as other legal phenomena, has followed its evolution, development and enrichment upon various historical stages of Ukrainian people and was closely tied with the existence or absence of Ukrainian statehood. The modern standards in this particular field of legal relations have been gradually established. The Kyiv State did not have the institution of heirless property because household assets of the ancient Ruthenian family were in collective property of the whole family and not in the property of an individual father-householder. That is why it was not succession but a mere redistribution of household assets remaining in joint possession within the family. The term «heirless property» was first specified in Lithuanian-Ruthenian state in Lithuanian Statutes (1566): if there were no heirs-at-law and by will, the property was acknowledged as heirless and devolved upon the state. For the legal system of Hetmanship era the primary source was the ancestral character of succession and devolution of the inheritable property to a public entity was an exception. Moreover, in Ukrainian legal tradition, the visible is the competition between acknowledging a vacant succession as an heirless property and extension of the institution of succession upon these relations. In Ukrainian SSR heirless succession devolved upon state. Modern civil law of Ukraine lacks the concept of heirless property (succession). The new Civil Code of Ukraine (2003) introduces the concept of «heirless succession» (Art. 1277). Ukrainian law applies European and international norms and standards. Along with this, the process must comply with the legal mentality of the Ukrainian people, with values and authenticity of its legal culture. Having adopted the Civil Code, Ukraine made and important step to the integration into the continental legal system, and the probate law acquired a new concept of heirless succession, when: firstly, available succession may be declared in judicial proceeding as heirless, and after that it devolves upon territorial community where it was commenced; secondly, the state is excluded both from the circle of heirs-at-law and from the circle of the entities-heirs of the succession acknowledged as heirless. The author specifies that the Ukrainian legislators did not take into account the Euroean experience during codification of the civil legislation, hence there are a number of issues that must be dealt with, so that Ukrainian legal system could completely meet the international standards. In EU countries the holder of the right for the heirless property is the state, in Ukraine it is a territorial community which outweighs the efficiency of the function of non-subjectivity elimination what heirlessness is intended for. Since a territorial community does not and cannot own so much civil capacity as the state. The author reveals some drawbacks in legal regulation of the issue and develops proposals to improve the probate law in Ukraine. Key words: succession, heirlessness, heirless property, legator, legatee, territorial community.

「医療観察法」とデュー・プロセス : 審判手続を中心として

「医療観察法」とデュー・プロセス : 審判手続を中心として

Lygtinio paleidimo iš pataisos įstaigų taikymo problemos Lietuvoje

Straipsnyje analizuojama asmenų lygtinio paleidimo iš pataisos įstaigų problematika Lietuvoje. Kokybinio tyrimo metu gilintasi į lygtinio paleidimo iš pataisos įstaigų komisijų darbą, taip pat buvo nagrinėjami teisėjų darbo ir sprendimų priėmimo ypatumai. Tyrimo tikslas: atlikus interviu su teisėjais ir lygtinio paleidimo iš pataisos įstaigų komisijų nariais nustatyti pagrindines priežastis, kodėl lygtinio paleidimo taikymas Lietuvos teismų praktikoje nuo 2003 m. iki 2015 m. nuolat mažėjo ir šiuo metu lygtinai paleidžiama mažiau asmenų, nei atlikusių visą bausmę. Straipsnyje pateikiamos išvados turėtų padėti teoretikams ir praktikams pamatyti lygtinį paleidimą teisėjų ir lygtinio paleidimo iš pataisos įstaigų komisijų narių akimis bei paskatinti dialogą tarp sprendimus priimančių teisėjų, pataisos namų darbuotojų, visuomenės atstovų.

2015 Developments in Connecticut Estate and Probate Law

This Article provides a summary of recent developments affecting Connecticut estate planning and probate practice. Part I discusses 2015 legislative developments. Part II surveys selected 2015 case law relevant to the field.

The Role of Generic Competence and Professional Expertise in Legal Translation. The Case of English and Polish Probate Documents

Abstract This paper seeks to demonstrate how the concept of generic competence (primarily intended for monolingual specialized communication) could be extended to address important issues in translating legal texts. First, generic competence is discussed against the backdrop of the related concept of translation competence. Then, a case study is presented which examines a closely related set of documents employed by the professional community of lawyers (represented by an English solicitor and Polish advocate) engaged in the specialist domain of probate law (legal process related to the estate of a deceased person). It is argued that both generic competence and professional expertise should be included in the range of competencies required for the translator of legal texts.

Antemortem Probate is a Bad Idea: Why Antemortem Probate Will Not Work and Should Not Work

“The broadest definition ever given to the judicial power confines it to controversies between conflicting parties in interest, and such can never be the condition of a living man and his possible heirs.” Although the Michigan Supreme Court was correct in many ways, their use of the word “never” was an overstatement.2 Despite the case and controversy doctrine and the many other constitutional as well as practical issues that arise from antemortem probate, five states presently allow courts to hear probate disputes before the death of the testator. Among the five is North Carolina, which signed its antemortem probate statute into law on August 11, 2015. North Carolina’s recent enactment falls amid a growing movement advocating antemortem probate statutes in order to curb the ills of the modern probate system. These calls arise from a growing criticism of the traditional probate system caused by a shift in American family make-up. Central criticisms of the traditional probate system are that the testator’s intent is not fully realized, technical errors may invalidate an otherwise valid will, and that funds are inefficiently squandered in spurious will contests. Proponents of ante-mortem probate opine that their system would rid estate planning of these problems, but they fail to take into account the constitutional, practical, and policy objections to their cause. The proponents - most importantly - place too much emphasis on the interests of the person who is dying and not enough emphasis on the people surrounding the testator when she passes away. Antemortem probate is a devise by which normal people with rational sensibilities may be prejudiced. Under the contest model used by Ohio, Arkansas, Alaska, North Dakota, and now North Carolina potential beneficiaries under the will and intestate succession must be notified, but the circumstances under which they are notified can leave normal families in the cold. But the contest model is not even the most favorable model for undue influencers. The other models streamline the probate process even more,11 multiplying the potential that the rightful heirs will be left with nothing. This article is an attempt to neutralize the enthusiasm for antemortem probate as a means to solve the problems endemic in traditional probate law. While proponents claim that antemortem probate is a tool to carry out the testator’s true intent, this article posits that the statutes are more fairly characterized as a tools that complicate the system and mask the testator’s true intent. All proposed versions of ante-mortem probate have practical, constitutional, and policy issues that cannot be overcome.

The relationship between migration and substance use on individuals who are routed to the substance abuse treatment due to probation act

Objective: Izmir, is one of the major metropolises of Turkey has migration in an increasing scale. Migration is an important fact that determining economic, social, cultural conditions and forming social environment of individuals. This study is about the relationship between migration which determines socio-economic structure and substance use patterns on individuals who applied for the treatment of substance abuse by probation law to the Ege University, Faculty of Medicine and Addiction Clinic. Methods: The study was conducted with 302 people who agree to participate as a volunteer between the date of 01.10.2014-31.03.2015. The questionnaire, developed by the researchers, was used as a data collection tool. The collected data was evaluated in SPSS 15.0 Program and analyzed by chi-square, Fisher’s Exact test and t test. Findings: According to obtained findings, it has been seen that, comparing with natives, immigrants have higher rates on criteria of lower maternal education level, having more than two children, living as a tenant, high sibling number and interfering other crimes. Established relationships were found to be statistically significant. While, among the natives, the most important reason in starting substance use was detected as ‘curiosity’, it has been remarkably seen that among the migrating participants, personal matters as a reason of beginning substance use has a higher rate. This finding shows the differentiation among two groups. Result: Immigrants, settle out of the city and continue their lives in worse conditions than the ones who live in the city center. Therefore, they cannot benefit adequately positive opportunities of city because of environment, family and individual factors. This disadvantaged conditions encompasses immigrants increasingly. The higher rate of involving in other crimes among the participants who immigrated to Izmir shows how this situation relates with crime. For this study, it is expected to contribute the detections of risk for substance use, in order to prevent drug use in determining of public policy, development of regulations needs to be done and take the necessary protective measures.

Eğitim ve Araştırma Hastanesinde Denetimli Serbestlik Uygulamalarının Değerlendirilmesi

Amaç: Denetimli serbestlik (DS), kişinin işlediği bir suç sebebiyle tutuklanması ya da mahkemece hakkında mahkûmiyet kararı verilmesi sonucunda cezaevine girmesi yerine, cezasını toplum içerisinde gözetim ve denetim altında çekmesini ifade etmektedir. Buna göre DS uygulamasının bir çeşit infaz sistemi olduğu söylenebilir. Bu çalışmada DS yasası kapsamında hastanemize başvuran kişilerin sosyo-demografik özellikleri, DS uygulamalarının sonuçları ile olguların tedavi uyumlarının değerlendirilmesi amaçlanmıştır.Gereç ve Yöntem: Çalışmaya 01.04-15.11.2013 tarihleri arasında haklarında DS kararı verilip Recep Tayyip Erdoğan Üniversitesi Eğitim ve Araştırma Hastanesi DS Birimi’ne başvuran 200 olgu dâhil edilmiştir. Bu olguların 13’ü cezaevinden, 187’si de toplumda yaşayan kişilerden oluşmaktadır. DS uygulaması en az bir kez psikiyatrik görüşme ve idrarda psikoaktif madde değerlendirmesi, üç haftalık ve altı haftalık programlar dâhilinde gerçekleştirilmiştir. Ruhsal değerlendirme için gönderilen olgular ise DS şubelerince belirlenen süre çerçevesinde aylık görüşmelerle takip edilmiştir.Bulgular: Bu çalışma sürecinde toplam 200 olgunun DS tedbirince başvurduğu saptanmıştır. Olguların ikisi kadın ve 198’i erkektir. Yaş ortalaması 32.5±9.8 (18-69) olarak saptanmıştır. Üç haftalık programı 46 (%23.0) olgunun, altı haftalık programı on olgunun (%5.0) tamamladığı, 25 olgunun (%12.5) ise tedaviye uyumsuzluk gösterdiği belirlenmiştir. Çalışmamızda 64 (%32.0) olgu, cezaevi yerine toplum içerisinde takip ve tedavisini tamamlamıştır. Tartışma ve Sonuç: DS yasası kapsamında hastaneye başvuranların sayısı her geçen gün gittikçe artmaktadır. Bununla birlikte, bu bireylere kendi yerleşim merkezlerinde daha kolay ulaşabilecekleri tedavi programlarını kullanabilme imkânlarının sağlanabilmesi adına DS tedavi programını uygulayabilecek asgari koşullara sahip hastanelerin sayıları artırılmadan ve gerekli alt yapıları oluşturulmadan söz konusu uygulamanın bazı sıkıntıları da beraberinde getireceği çok açıktır. Özellikle, tedavi kurallarına uyum sorunu yaşanması veya...

Waris dan Wasiat dalam Pertentangan Ayat Al-Qur'an

Human entrusted property as ruler of the world. So entrusted to death, the property back into the hands of the Lord automatically. Because God does not accept the property, then given to families designated by the rules of revelation. Setting the rules of media ownership property with inheritance and probate. In the verses of inheritance and will appear in which contradict each other to remove the provision. While it is believed that there are verses in the Qur’an which have been removed so that it does not work, including the verses of inheritance and wills. By placing verse as wills and testaments muh?kamah verse as a compromise with the h?adîth mukhas?s?is not make erase status and erased in the verses of the Koran. Elimination naskh supported by state law to decrease gradually in terms of the condition of society. With inheritance and probate law as set out in the passage suggests that nas?s? inheritance and probate law are interrelated and complementary.

Devising, Dying and Dispute: Probate Litigation in Early Modern England, by Lloyd Bonfield

This is a social and administrative history of the law, written by a well-regarded legal historian. Its principal strength lies in the exceptional clarity and precision with which the author, Lloyd Bonfield, sets out the letter and logic of the law and the workings of a senior ecclesiastical court. Its main contribution is to offer a comprehensive study of early modern probate litigation and an analysis of an important arena in which law and social practice interacted. Bonfield explores and explains 184 disputed probate cases heard before the Prerogative Court of Canterbury, one of the two ‘provincial’ church courts in England, between 1660 and 1700. Those whose affairs were settled in this court were typically the better-off or testators who had property in more than one diocese. Its case records are much richer than those, generated by the lower church courts, which most social historians have used. Part I is an institutional and legal history, dealing with probate jurisdiction, the church courts, and the nature of testamentary litigation; it should be read with the appendix at pp. 247–59. Thereafter the book ranges widely over topics that will interest historians in a number of fields. For example, it discusses the nature and significance of both orality and literacy, since wills could be rendered verbally as well as in writing. The practices and problems of courts also fed into political processes, and Bonfield speculates that legal difficulties over probate may help to explain the ‘Statute of Frauds’ (29 Chas. 2 c. 3), though he shows its limited practical influence on probate practices—and the slow pace of legal change in early modern England. Throughout there are thoughtful discussions of the nature and transfer of property. Judges favoured ‘individualism’, yet at the same time their decisions were tempered by considerations of ‘conscience’ that took into account the wider implications of their judgements. Bonfield is closely interested in judicial process, emphasising how the malleability of probate law opened up considerable freedom for judges. The hybrid ecclesiastical law (actually bastardised civil law) that emerged in the middle ages to govern areas such as succession and probate, and which endured until the mid-nineteenth century, was less rigid than common law in validating documents doubtful in form, provided the intention of the framer was sufficiently clear.

Au Revoir, Will Contests: Comparative Lessons for Preventing Will Contests

American probate law has not yet managed to prevent will contests and not every will executed will be ultimately upheld. The most common grounds for will contests are undue influence, testamentary capacity, and fraud. These will contests have significant costs, which include failing to give effect to testator’s intent and high litigation and decision costs. In fact, the most significant challenge that exists in American probate law today is the frequent inability to honor testamentary intent due to will contests brought by disgruntled relatives. On the other hand, a legal system that has nearly eliminated will contests on the grounds of undue influence and fraud is in France. This Article seeks to extract lessons from the French probate system to minimize will contests in the United States.

The Louisiana and Oregon Codifications of Choice-of-Law Rules in Context

Although the common law tradition has not encouraged codifica tion of choice-of-law rules in the United States, all states have enacted statutory choice-of-law rules of some sort Important examples of these rules are found in probate law and enactments of the Uniform Com mercial Code. The chief purpose of such rules has been to stabilize expectations among contracting parties and others about the applica ble law in the event of a dispute with critical elements in more than one jurisdiction. However, only two states?Louisiana and Oregon? have enacted choice-of-law codes. These codes have drawn rules from a variety of sources, ranging from judicial decisions to European con cepts of private international law to contemporary dispute resolution theory. The two codes bear similarities, such as a coincidence of some of their territorial connecting factors, as well as differences, such as their definitions, scope, and general or default rules. Provisions appli cable to contracts, torts, and other non-contractual obligations, on which this study focuses, are particularly significant. An analysis of these provisions reveals efforts to reconcile the objective of interstate and international uniformity with the community values and expecta tions within each state, respectively. As a result, the two codifications reflect emerging patterns of judicial decisions as well as divergent and innovative prescriptions.