undue influence

In the law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. For the devolution of property not disposed of by will, see inheritance and intestacy. In the strictest sense, "will" is a general term, while "testament" applies only to dispositions of personal property (this distinction is seldom observed). A will is also used as the instrument in a trust. Will law - Freedom of disposition. The conception of ...

Including:

• Will law - Freedom of disposition
• Will law - Legal requirements for the creation of a will
• Will law - Revocation
• Will law - Methods and effect
• Will law - Dependant relative revocation
• Will law - Wills in history

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Coercive persuasion refers to social influences capable of producing substantial behavior and attitude change through the use of coercive tactics and persuasion, via interpersonal and group-based influences. The term was coined by Edgar Schein[1] in 1961 in relation to his study of Chinese POWs 'indoctrination. According to Schein, the essence of coercive persuasion, ..., is to produce ideological and behavioral changes in a fully ...

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Any person over the age of 18 can draft his own will without the aid of an attorney. Additional requirements may vary, depending on the jurisdiction, but every will must contain the following: The testator must clearly identify himself as the maker of the will, and that a will is being made; this is commonly called "publication" of the will, and is typically satisfied by the words "last will and testament" on the face of the document. The testator must declare that he revokes all previously-made wills and cod ...

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Will law, Will law - Freedom of disposition, Will law - Legal requirements for the creation of a will, Will law - Revocation, Will law - Methods and effect, Will law - Dependant relative revocation, Will law - Wills in history

Read more here: » Will law: Encyclopedia II - Will law - Legal requirements for the creation of a will

In this situation, the defendant has actually done everything to constitute the actus reus of the crime and has the mens rea because he or she intended to do it in order to avoid some threatened or actual harm. Thus, some degree of culpability already attaches to the defendant for what was done. In the criminal law, the defendant's motive for breaking the law is usually irrelevant although, if the reason for acting was a form of justification, this may reduce the sentence. The basis of the defense argues that the threats made b ...

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Duress, Duress - Discussion

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Jewish communities sometimes experience marriage and divorce difficulties while resident outside Israel. One of the most common divorce difficulties is that a spouse can be held in a limping marriage when the other spouse refuses co-operation in the religious form of divorce (see Agunah). A civil divorce obtained through local courts entitles the parties to remarry, but the capacity to remarry is also religious question. Where one party has the power to grant or withhold a religious divorce, this power can be used as a bargaining tool ...

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Get conflict, Get conflict - Discussion, Get conflict - Religious Procedure, Get conflict - The relationship between state and religion, Get conflict - Canada, Get conflict - United States, Get conflict - Australia, Get conflict - United Kingdom, Get conflict - Another option, Get conflict - International recognition of the get

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The choice of law stage in a Conflict case requires the forum court to decide which of several competing laws should be applied to resolve the dispute. In this, there is an important distinction to be made between a forum selection clause and a choice of law clause. As an application of the public policy of freedom of contract, the parties are usually free to nominate the proper law under which all relevant disputes will be resolved. If there is an express selection, this choice will be respected so long as it is made bona fide, i.e. the sub ...

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Forum selection clause, Forum selection clause - Discussion, Forum selection clause - The situation in the U.S.

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The conception of freedom of disposition by will, familiar as it is in modern England and the United States, both generally considered common law systems, is by no means universal. In fact, complete freedom is the exception rather than the rule. Civil law systems often put some restrictions on the possibilities of disposal. Advocates for gays and lesbians have pointed to the inheritance rights of spouses as desirable for same-sex couples as well, through same-sex marriage or civil unions. Historically, courts have been more willing to strike down wills leaving property to a same-sex partner ...

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Will law, Will law - Freedom of disposition, Will law - Legal requirements for the creation of a will, Will law - Revocation, Will law - Methods and effect, Will law - Dependant relative revocation, Will law - Wills in history

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The Torah (תורה) provides that it is for the husband to deliver a formal Bill of Divorcement known as a gettâ and written in Aramaic in the prescribed form which is to be accepted voluntarily by the wife under the supervision of the Beth Din, albeit that this is not considered to be a religious procedure. The parties are divorced and free to remarry after the get has been delivered and accepted. If problems arise, the Beth Din may have the power under Halacha (הלכה) to issue what, in the secular legal system, is ...

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Get conflict, Get conflict - Discussion, Get conflict - Religious Procedure, Get conflict - The relationship between state and religion, Get conflict - Canada, Get conflict - United States, Get conflict - Australia, Get conflict - United Kingdom, Get conflict - Another option, Get conflict - International recognition of the get

Read more here: » Get conflict: Encyclopedia II - Get conflict - Religious Procedure

Where neither party to a religious marriage comes to the civil courts for relief, the above options do not apply: the civil law courts cannot intervene at the own initiative to order the facilitation of a religious divorce. Even where relief is sought, the use of delay in the civil process could add to the wife's problems. She could be denied the get and denied the secular divorce. She would be unable to marry under either system. Hence, this form of solution to perceived problems in the religious system is morally no better than the ...

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Get conflict, Get conflict - Discussion, Get conflict - Religious Procedure, Get conflict - The relationship between state and religion, Get conflict - Canada, Get conflict - United States, Get conflict - Australia, Get conflict - United Kingdom, Get conflict - Another option, Get conflict - International recognition of the get

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Will law - Methods and effect. The intentional physical destruction of a will by the testator will revoke it. This could be accomplished by the testator deliberately burning or tearing the physical document itself, or even by striking out the signature. Most jurisdictions allow partial revocation if only part of the text or a particular provision is crossed out. Other jurisdictions will either ignore the attempt or hold that the entire will was actually revoked. A testator may also be able to revoke by the physic ...

See also:

Will law, Will law - Freedom of disposition, Will law - Legal requirements for the creation of a will, Will law - Revocation, Will law - Methods and effect, Will law - Dependant relative revocation, Will law - Wills in history

Read more here: » Will law: Encyclopedia II - Will law - Revocation