Thesis (doctoral)--Passau, Universiẗat, 2007/2008. / Includes bibliographical references (p. [125]-130) and index.

Thesis (Ph.D.) - University of Queensland, 2006. / Includes bibliography.

Background: - Living wills have long been associated with end-of- life care. This study explored the promotion and use of living wills amongst general practitioners and frail care nursing coordinators directly involved in the care of the elderly in Howick, Kwa-Zulu Natal. The study also explored their views regarding the proforma living will disseminated by the Living Will Society. Participants: - Seven general practitioners and three frail care nursing coordinators, making ten in total. Design: - Qualitative in-depth interviews and analysis, using the Framework method. Results:- Both doctors and nursing staff understood the concept of living wills and acknowledged their varied benefits to patient, family and staff. They were concerned about the lack of legal status. They felt that the proforma document from the Living Will Society was simple and clear. Despite identifying the low level of use of living wills, they felt that third party organisations and individuals should promote living wills Conclusion: - GPs and frail care nurse coordinators were knowledgeable of living wills in general and the Living Will Society proforma document in particular. They valued the contribution that living wills can make in the care of the elderly, benefitting patients, their families, health care workers and even the health system. They also valued the proforma living will document from the Living Will Society for its clarity and simplicity. However, both GPs and frail care nursing coordinators viewed the living will process as patient- driven and their main role was as custodians and not advocates of the living will.

This diploma thesis deals with South Moravian country in the second half of the nineteenth century. It is based on the analysis of fifty testaments written in Znojmo judicial country. The first chapter shadows life in rural area of South Moravia in the second half of the nineteenth century. The second chapter focuses on the analysis of the testaments and their formal side. It mentions common features of a testament as a source of repetitive character and features according to which wills might bee partly considered as sources of personal character. The third chapter analyses elderly homes that were part sof the examined last wills. The last chapter devotes to a country funeral {--} its preparation, course and expense.

Most common law and civil law jurisdictions have laws in place to provide a safety net so that those who are unfairly disinherited will be able to claim a share in a deceased's estate. Since 1920, British Columbia has been one of those jurisdictions in which a testator's distribution scheme may be varied at the discretion of the Court. However, the absence of a stated purpose of the legislation, a broad judicial discretion to determine what is adequate provision for a spouse and children and the failure of the Supreme Court of Canada in Tataryn v. Tataryn to bring certainty and predictability to the law point to a need for reform. The goal of this thesis is to complete the sentence "the purpose of legislation restricting testamentary freedom is . . . . " and to make recommendations for legislative change to accomplish this purpose. An overview of the law in British Columbia today and the arguments for reform will be outlined in chapters 1, 2 and 3. Chapters 4 through 8 will examine a number of topics to extract policies which might assist in the formulation of a dependant's relief statute's purpose. Historical concepts, family, intestacy and wrongful death legislation as expressions of values will be reviewed. From the doctrine of unjust enrichment, a cause of action independent of a statute, a contract or a tort, but now widely used in claims between family members, will be extracted principles which recognize compensation for the contribution of services and money between family members. Empirical studies about testators' intentions, family and other private relations will be noted in chapter 9. Lastly, chapter 10 will make a number of recommendations for reform. These include: (a) A statement of the statute's purpose. Persons who have lived together in a relationship of some permanence with financial and emotional interdependence should share equally the assets acquired during their time together and the survivor's need for support should be recognized. Children's support needs should also be met but the testamentary autonomy of persons should be subject only to these two objectives. (b) The broadening of categories of claimants to include cohabitants and stepchildren with the introduction of age and dependency criteria for the latter. (c) Criteria to be used in making reasonable financial provision for spouses and children. (d) A priorities scheme. (e) The right to waive the statutory rights by agreement. No attempt is made to provide recommendations for all of the issues that would arise under a new statute. / Law, Peter A. Allard School of / Graduate

Sections 2(3) and 2A of the Wills Act of 1953 were incorporated into the Wills Act in 1992. The purpose of the two sections was to give the court power to condone a document that did not comply with the formalities for making a will and to empower a court to condone a legally ineffective attempt by a testator to revoke his or her will. By introducing section 2(3) and 2A of the Wills Act, the Legislature intended to eliminate the injustice and inequities which frequently resulted from non-compliance with legal requirements. However, after the implementation of the two sections, problems arose with regard to the interpretation and application thereof. This dissertation identifies and analyses the sections to show the current issues which have been discussed in case law and writings by scholars. They are as follows: <ul> (a) Meaning of the word “document” in section 2(3). (b) Meaning of “drafted” by a person who has died since the……drafting thereof. (c) Meaning of “executed” by a person who has died since the….. execution thereof. (d) Should there already be partial compliance with some of the formalities? (e) How does the court conclude that the deceased intended the document to be his will? (f) When must the intention be present? (g) Is a subsequent change in intention (even though it was present at time of making a document) relevant? (h) Interpretation of section 2A. (i) Interaction between section 2(3) and 2A. </ul> Comparing and analysing section 2(3) with a similar provision in Canada and Australia, gives an insight into the problems they encounter and measures that are implemented to achieve the purpose of the provision. Finally, this dissertation will make recommendations regarding the possible alternative wording of the relevant section(s). / Dissertation (LLM)--University of Pretoria, 2012. / Private Law / unrestricted

Death's presence on the Renaissance stage, and in Renaissance life, has been noticed and remarked upon by scholars in the past. The role of death in the early modern period was in flux due to major changes in religious and social life. During this time, the relationship between the living and dead was put into question, and the way the culture handled preparing for death began to change in significant, if subtle, ways. Renaissance drama became a stage for exploring and confronting the presence of death in life. King Lear and Hamlet remain two of Shakespeare's most enduring meditations on death, though the interpretations of the deaths and the meaning gleaned from the texts varies. My project involves presenting an alternative reading of the deaths that can only be found when one reads the performances in relation to primary documents of the time that deal with similar preparations for death. By reading Hamlet in relation to execution rhetoric and King Lear in relation to will-writing in the early modern period, we can begin to understand the value of their deaths in accordance with the societies they represent. Ultimately, Hamlet succeeds in satisfying the demands of an execution and creates a death that serves both himself and his community. On the other hand, Lear fails to adequately prepare for death and compose a considerate will, which leaves his kingdom in ruins. Both are monarchs whose bodies represent the states they leave behind, but only one manages to satisfy a monumentality that maintains the stability of his kingdom.

The purpose of this study was to contribute to a more complete understanding of the family inheritance experience by exploring the perspectives of beneficiaries. This qualitative study aimed to describe and discuss how individuals' sibling relationships were impacted following the distribution process of an inheritance that was intended to be equally distributed. Eight individuals participated in semi-structured interviews, with areas of inquiry covering perceptions of challenges and benefits of the distribution process, fairness of the outcome of distribution among siblings, and the impact the process has had on their sibling relationships. The data was analyzed using transcendental phenomenology. Findings suggest families experience varying degrees of conflict during inheritance distributions, but not all conflict was devastating to the relationships following the distributions. Specific relational aspects were identified in contributing to the level of satisfaction of the distribution, which subsequently affected their relationships afterward. Additionally, the handling of conflict and efforts to repair relational strains significantly contribute to relational outcomes following the distribution. The majority of participants reported stronger relationships following the inheritance distribution. The findings provide a foundation for further research to explore beneficiary's experiences of receiving an inheritance within multi-child families. / Master of Science

Thesis (LLM. (Development and Management Law)) -- University of Limpopo, 2022 / We live in a Fourth Industrial Revolution(4IR) era where people exchange goods and services through the internet. Such transactions and communications are regulated by the Electronic Communications and Transactions Act (ECTA) 25 of 2002. The ECTA however amongst others, excludes the execution of testamentary wills from its application thus leaving no room for electronic wills. The execution of a valid will in South Africa is governed by the Wills Act 7 of 1953. Against this background, the study investigates whether the presence of enhanced 4IR innovations and methods have the potential to render the Wills Act obsolete and how the exclusion in the ECTA will contribute towards the formation of legal gaps in the law of succession. In confronting these questions, the study seeks to create a synergy between the two abovementioned statutes. The formalities of a valid will are contained in section 2(1) of the Wills Act, it can be deduced from them that a will should be in writing and signed by the testator and two witnesses. Any will not complying with the formalities is dependent upon the discretion of the High Court for validity as per section 2(3) of the Wills Act. The cases of MacDonald v The Master 2002 5 SA 64 (N) and Van der Merwe v The Master 2010 6 SA 546 (SCA) have confronted issues that relate to wills executed in electronic formats. The study interrogates the meaning of ‘writing’ and ‘signature’ and their significance and probes whether they can be fulfilled using electronic means. A comparative approach is adopted to establish the status of electronic wills in the USA and UK. The USA has promulgated legislation to deal with electronic wills and the UK has initiated the process of adopting their own electronic wills legislation in response to the 4IR. With the lessons learned from these jurisdictions the study makes recommendations on how synergy can be created between the Wills Act and the ECTA.

No description available.