Escheat is a common law doctrine that transfers the real property of a person who has died without heirs to the crown or state. It serves to ensure that property is not left in "limbo" without recognized ownership. It originally applied to a number of situations where a legal interest in land was destroyed by operation of law, so that the ownership of the land reverted to the immediately superior feudal lord.
Intestacy is the condition of the estate of a person who dies without having in force a valid will or other binding declaration. Alternatively this may also apply where a will or declaration has been made, but only applies to part of the estate; the remaining estate forms the "intestate estate". Intestacy law, also referred to as the law of descent and distribution, refers to the body of law that determines who is entitled to the property from the estate under the rules of inheritance.
The Duchy of Cornwall is one of two royal duchies in England, the other being the Duchy of Lancaster. The eldest son of the reigning British monarch obtains possession of the duchy and the title of Duke of Cornwall at birth or when his parent succeeds to the throne, but may not sell assets for personal benefit and has limited rights and income while a minor.
The Crown Office and Procurator Fiscal Service is the independent public prosecution service for Scotland, and is a Ministerial Department of the Scottish Government. The department is headed by His Majesty's Lord Advocate, who under the Scottish legal system is responsible for prosecution, along with the sheriffdom procurators fiscal. In Scotland, virtually all prosecution of criminal offences is undertaken by the Crown. Private prosecutions are extremely rare.
Unowned property includes tangible, physical things that are capable of being reduced to being property owned by a person but are not owned by anyone. Bona vacantia is a legal concept associated with the unowned property, which exists in various jurisdictions, with a consequently varying application, but with origins mostly in English law.
The Remembrancer was originally a subordinate officer of the English Exchequer. The office is of great antiquity, the holder having been termed remembrancer, memorator, rememorator, registrar, keeper of the register, despatcher of business. The Remembrancer compiled memorandum rolls and thus “reminded” the barons of the Exchequer of business pending.
The King's and Lord Treasurer's Remembrancer is an officer in Scotland who represents the Crown's interests in bona vacantia, ultimus haeres and treasure trove.
Registers of Scotland (RoS) is the non-ministerial department of the Scottish Government responsible for compiling and maintaining records relating to property and other legal documents. They currently maintain 20 public registers. The official responsible with maintaining the Registers of Scotland is the Keeper of the Registers of Scotland. By ex officio, the Keeper of the Registers of Scotland is also the Deputy Keeper of the Great Seal of Scotland. The Keeper of the Registers of Scotland should not be confused with the Keeper of the Records of Scotland.
Forced heirship is a form of testate partible inheritance which mandates how the deceased's estate is to be disposed and which tends to guarantee an inheritance for family of the deceased.
In common-law jurisdictions, administration of an estate on death arises if the deceased is legally intestate, meaning they did not leave a will, or some assets are not disposed of by their will.
The inter regalia are the rights falling to the Crown in Scots Property law. The term derives from Latin inter (among) and regalia.
The Hindu Succession Act, 1956 is an Act of the Parliament of India enacted to amend, codify and secularize the law relating to intestate or unwilled succession, among Hindus, Buddhists, Jains, and Sikhs. The Act lays down a uniform and comprehensive system of inheritance and succession into one Act. The Hindu woman's limited estate is abolished by the Act. Any property possessed by a Hindu female is to be held by her absolute property and she is given full power to deal with it and dispose it of by will as she likes. Parts of this Act was amended in December 2004 by the Hindu Succession (Amendment) Act, 2005.
Scots property law governs the rules relating to property found in the legal jurisdiction of Scotland. As a hybrid legal system with both common law and civil law heritage, Scots property law is similar, but not identical, to property law in South Africa and the American state of Louisiana.
Inheritance law in Canada is constitutionally a provincial matter. Therefore, the laws governing inheritance in Canada is legislated by each individual province.
The South African law of succession prescribes the rules which determine the devolution of a person's estate after his death, and all matters incidental thereto. It identifies the beneficiaries who are entitled to succeed to the deceased's estate, and the extent of the benefits they are to receive, and determines the different rights and duties that persons may have in a deceased's estate. It forms part of private law.
Re Bucks Constabulary Widows and Orphans Fund Friendly Society [1979] 1 All ER 623 is an English trusts law case, concerning the policy of the "beneficiary principle" and unincorporated associations.
Crown Estate Scotland is the self-financing public corporation of the Scottish Government responsible for the management of land and property in Scotland owned by the monarch 'in right of the Crown'. It was separated from the Crown Estate of the United Kingdom under the Scotland Act 2016. It is responsible for a range of rural, coastal, urban and marine assets across Scotland. The monarch remains the legal owner of these assets, but they do not form the private property of the monarch, and cannot be sold by the monarch. The primary purpose of Crown Estate Scotland is to invest in property, natural resources, and places to create lasting value for the people of Scotland. Surplus revenue does not belong to the monarch, but is paid to the Scottish Consolidated Fund which in turn helps finance the Scottish Government.
Occupatio or occupation is a method of original acquisition of property in Scots law. It derives from the Roman law concept of the same name. Occupatio allows an occupier of an object (res) with the intention to own the property to become the owner. As most property in Scotland is owned, and with the caduciary right that all ownerless property falls to the Crown, its application is uncommon. Nevertheless, it remains a valid method of acquiring ownership in Scots law.
Intestate succession in South African law takes place whenever the deceased leaves property which has not been disposed of by valid testamentary instrument. In other words, the law of intestate succession applies only:
Re Maldonado [1954] P 223 was a judicial decision of the English Court of Appeal relating to who should inherit certain property in the United Kingdom which belonged to an intestate Spanish national who died without any heirs.
