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1 – 10 of 24Ruth Gaffney‐Rhys and Joanna Jones
The aim of this paper is to explore inheritance planning amongst small business owners, which is important due to the complex nature of a business proprietor's estate and the fact…
Abstract
Purpose
The aim of this paper is to explore inheritance planning amongst small business owners, which is important due to the complex nature of a business proprietor's estate and the fact that the latter sometimes have specific aspirations regarding the succession of the enterprise.
Design/methodology/approach
The article highlights the problems that can arise if a business owner dies intestate and then considers the levels of will ownership amongst small business owners in South Wales and attitudes to inheritance planning.
Findings
The primary research conducted found that a significant number of small business owners have not made a will (51 percent) and that the reasons for not doing so are complex and varied.
Originality/value
Several themes emerged from the study, such as the importance of contact with professional advisers, the impact of culture on inheritance planning, reliance on trust, the problems associated with complicated family circumstances and the effect of the current economic climate on attitudes to inheritance planning
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Anita Gill and Jennifer Allatt
This article provides a summary of information pertaining to statutory wills. Drawing on case examples, it explores the benefits of making an application for such a will, who can…
Abstract
This article provides a summary of information pertaining to statutory wills. Drawing on case examples, it explores the benefits of making an application for such a will, who can make the application, what the application involves and how the court will make their decision.
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The chapter deals with the interface between the law of succession and corporate law and explains the completely different objects of these two fields of law. Succession law tries…
Abstract
The chapter deals with the interface between the law of succession and corporate law and explains the completely different objects of these two fields of law. Succession law tries to shift and contribute assets to the successors, whereas corporate law focuses on the well-being of the company. However, in a family business, it is necessary to find legal, social, and psychological techniques to combine these two areas and to establish strong and binding relations. This is the function of shareholder agreements and family constitutions.
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This paper highlights the case of David Cooper, a vulnerable adult who was financially abused. It discusses the indicators that may have alerted individuals and services to the…
Abstract
This paper highlights the case of David Cooper, a vulnerable adult who was financially abused. It discusses the indicators that may have alerted individuals and services to the risk of financial abuse, and the measures taken by those aware of David's potential vulnerability.
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The paper aims to explore the road to independence of the less-fortunate women in early Hong Kong society and their means in passing of wealth after death. In the 1970s, about 400…
Abstract
Purpose
The paper aims to explore the road to independence of the less-fortunate women in early Hong Kong society and their means in passing of wealth after death. In the 1970s, about 400 Chinese wills from the 1840s to the 1940s were dug up on a construction site in Hong Kong. One-fourth of these were from women who had held a substantial amount of property. How they obtained this property intrigued us because, at that time, women were seen as subordinate to men and excluded from the labor market. Why they had wills led to further questions about Hong Kong society of that time and the role of women in it.
Design/methodology/approach
The analysis of this paper is based on archival data gathered from the Hong Kong Public Records Office. These data include 98 women’s wills filed from the 1840s to the 1940s and a 500-page government investigation report on the prostitution industry released in 1879. The former recorded valuable information of brief testators’ family and personal life history, amount of assets, and profolio of investment, etc. The latter included testimonials of brothel keepers and prostitutes and their life stories and the background of legalizing prostitution in early Hong Kong. Apart from basic quantitative analysis on women’s marital status, number of properties, nature of wills and number of brothels, qualitative analysis is directed to review the testator’s life of self-reliance, wealth accumulation and reasons of using wills for arranging wealth transmission after death.
Findings
In this paper, the authors found that because the colonial government declared prostitution legal, and only women could obtain employment by becoming prostitutes or brothel keepers, they earned their own livelihood, saved money and finally became independent. However, because these professions were not seen as “decent”, and these women were excluded from the formal marriage system, intestacy could cause problems for them. Through their socio-business connections, they became familiar with the Western concept of testate inheritance. So, they tended to use wills – a legal document by which a person assigns someone to distribute his or her property according to his or her wishes after his or her death – to assign their property.
Research limitations/implications
Because only archival data are chosen for analysis, the research results may lack generalizability. Follow-up researches to examine whether the studied women acquired their wealth through their own work or simply as gifts from others are required.
Originality/value
This paper explores the understudied women’s life and method of estate passing after death in the early Hong Kong society. It fills the academic gap of women’s contribution to Hong Kong’s success and enriches our understanding on the important factors that could attribute women’s real independence.
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Present-day courts, practitioners, and scholars continue to cite to and rely upon cases involving slavery and enslaved persons to construe, interpret, and apply common-law…
Abstract
Present-day courts, practitioners, and scholars continue to cite to and rely upon cases involving slavery and enslaved persons to construe, interpret, and apply common-law principles of property, contract, family, tort, and other areas of the law. Often a case’s connections to slavery are not acknowledged in citations. This erasing of context causes institutional harms by both embedding slave-based legal analysis in American legal structures and condoning the detrimental impacts of slavery in society. The deleterious effects of slavery persist through citations to cases involving enslaved persons to support such prosaic present-day issues as warranties on window glass. Slavery may no longer be legal, but its long shadow persists in citations and, thereby, is embedded in the information systems informing the legal profession. The information infrastructures that categorize case law and inform legal research ingrain racism in the American legal system by perpetuating and masking case law connections to slavery and enslaved persons. The legal profession has recently been criticized for the continued citation to cases that state good law or persuasive authority but are rooted in the institution of slavery. This chapter builds on this important research and contributes a necessary element to the discussion – namely how legal information infrastructures contribute to continuing citation to slave cases and how the library and information science (LIS) field can help institute change and promote racial justice.
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