{"id":176,"date":"2008-09-10T10:25:03","date_gmt":"2008-09-10T18:25:03","guid":{"rendered":"http:\/\/schenklaw.ca\/?p=176"},"modified":"2019-12-12T11:05:58","modified_gmt":"2019-12-12T19:05:58","slug":"municipal-legislative-facts","status":"publish","type":"post","link":"http:\/\/schenklaw.ca\/?p=176","title":{"rendered":"Municipal Legislative Facts"},"content":{"rendered":"

How do you prove what a municipal council had in mind when passing a bylaw? See Victoria (City) v. Adams<\/a><\/em>, 2008 BCSC 1209, for a brief summary of law concerning the admissibility of various documents as legislative facts. In this case the argument appears to be more about butting heads than anything else, but having said that the case law summary is useful to have in your pocket.
\nProbate is the legal process by which a will is proven in court as a valid public document that is the last testament of the decedent.In a rush to apostille texas<\/a>, a legal document call us today, To begin the process of probate, the will must first be \u201coffered\u201d to the court by a party with the power to do so. Under O.C.G.A. \u00a7 53-5-2, the executor has the first right to offer the will for probate, but if an executor is not named or if the executor does not offer the will with \u201creasonable promptness\u201d, any \u201cinterested\u201d person may offer the will for gaming probate; but what exactly constitutes an \u201cinterested\u201d person?<\/p>\n

Although the term \u201cinterested\u201d is not defined in Georgia\u2019s Probate Code, the Supreme Court of Georgia first addressed the issue in the case of Finch v. Finch, 14 Ga. 362 (1853), when it determined that a legatee, or a person receiving a legacy under a will, was an \u201cinterested\u201d person. Since Finch, Georgia courts have continued to recognize that legatees and devisees, also known as beneficiaries, are \u201cinterested\u201d persons and therefore are capable of probating a will, this page<\/a> is for you, if you are you concerned about the well-being of your loved ones after you die? If so, you should prepare for your future using an estate plan. Estate planning allows you to preserve your assets and distribute them according to your intentions, so you can protect what matters most for the years beyond your lifetime.<\/p>\n

Other than beneficiaries named in a will, the Georgia courts have not identified other individuals who may qualify as \u201cinterested\u201d for these purposes. However, they have held that a general creditor of a deceased is not an \u201cinterested\u201d person, and has no standing to offer a will for probate. The Supreme Court of Georgia first addressed this issue in Hooks v. Brown, 125 Ga. 122 (1906) and again in Ray v. Stevens, 295 Ga. 895 (2014), each time determining that a general creditor was not an interested person under O.C.G.A. \u00a7 53-5-2. It is smart to create your last will and testament<\/a> in case you forget later In support of its decision, the court reasoned that whether a creditor received payment of his debt from an executor or from an administrator was immaterial. Although a general creditor is not an \u201cinterested\u201d person for online gaming purposes of offering a will for probate, a creditor can be considered an \u201cinterested\u201d person for purposes of caveating or objecting to the probate of a will.<\/p>\n","protected":false},"excerpt":{"rendered":"

How do you prove what a municipal council had in mind when passing a bylaw? See Victoria (City) v. Adams, 2008 BCSC 1209, for a brief summary of law concerning the admissibility of various documents as legislative facts. In this case the argument appears to be more about butting heads than anything else, but having […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":["post-176","post","type-post","status-publish","format-standard","hentry","category-municipal"],"_links":{"self":[{"href":"http:\/\/schenklaw.ca\/index.php?rest_route=\/wp\/v2\/posts\/176","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/schenklaw.ca\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/schenklaw.ca\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/schenklaw.ca\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/schenklaw.ca\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=176"}],"version-history":[{"count":0,"href":"http:\/\/schenklaw.ca\/index.php?rest_route=\/wp\/v2\/posts\/176\/revisions"}],"wp:attachment":[{"href":"http:\/\/schenklaw.ca\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=176"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/schenklaw.ca\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=176"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/schenklaw.ca\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=176"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}