Jump to content
The High Realm of Stormark
Sign in to follow this  
High King Harald

Statute of Wills, Intestacy and Inheritance of Year 14

Recommended Posts

300xu6b.png

Law of Stormark
Act of the Althing

AN ACT TO MAKE PROVISION FOR THE MAKING, ALTERATION, AND REVOCATION OF WILLS; TO PROVIDE FOR THE DEVOLUTION OF ESTATES NOT DISPOSED OF BY WILL; AND TO MAKE PROVISION FOR MATTERS CONNECTED TO THE AFORESAID.

Most Gracious Sovereign Lord and Ruler of all the Lands Whatsoever Where Man Can Smell the Scent of Saline Waters or Hear the Sound of Crashing Waves,

WHEREAS it recently has become a concern widely felt in the Lands of the Longships Throne that at present there are no rules in the statutory law of the aforesaid Realm of Joy for persons who wish to devise, bequeath, or dispose of by Will the estate which (s)he shall be entitled to at the time of zir passing as well the passing on of real and personal property which has not disposed of by Will.

AND WHEREAS we, Your Imperial and Royal Majesty's Most Faithful Jarls in the Althing assembled, have most solemnly endeavoured to exercise our Supreme Legislative Authority to, for the benefit of Storish Society as a whole, address the deficiencies, lacks, and other issues concerning Wills, Intestacy and Inheritance in the High Realm by making statutory provision for those paramount, salient and weighty legal and societal matters aforesaid;

NOW, THEREFORE, we, Your Imperial and Royal Majesty’s most dutiful and loyal Patricians, the Most Honourable Jarls of the High Realm in the Althing assembled, have freely and voluntarily resolved to create and establish this Statute concerning Wills and the passing down of estates not disposed of by Will by this Act of ours and through the provisions of the Act aforesaid make provision concerning the making, alteration, and revocation of Wills and the devolution of estates not disposed of by Will as well as several matters ancillary to aforesaid, and we do most humbly beseech Your Imperial Valtian Viking Majesty that You may be graciously pleased to assent to and confirm as Law the following decision of Your Most Faithful Althingi Jarls:

Article 1. Non-Application of Act to House of Ettlingar Freyu

The provisions of this Act which are contrary to or inconsistent with the provisions of civil law of the Law of Ettlingar Freyu shall not apply to any of the members of the Imperial Branch of the House of the Descendants of Freyja.

Article 2. The Testator

Any person who wishes to devise, bequeath or dispose of the property which (s)he shall be entitled to at the time of zir death by Will, or give other lawful instructions for posterior zir passing through such legal instrument, shall, as decreed by ancient custom, not be permitted to do so, unless (s)he is of age and of such sound mind as to be capable of making the disposition of zir estate in a reasonable manner and acting of zir own accord, provided always that a minor shall have full liberty to make such disposition of zir property as zie may desire by Will as long as the items so disposed shall be of little value.

Article 3. General Provisions concerning Wills

A Will may, in accordance with venerable tradition and ancient custom, also be referred to as "Testament" or "Last Will and Testament" and shall come into effect only after the end of the testator's life and shall at any time be revocable by the individual aforesaid should (s)he wish so. Should a Will be affixed with the testator's signature, be dated, be located, attested and witnessed by two disinterested people of upstanding character or an official certifier, and made out of the free will of the testator, the Will aforesaid shall be valid in law.

Article 4. Official Certifiers

The Most Honourable Jarls in the Althing assembled hereby decree that those secular officials and clerics who since times ancient beyond the memory of woman have the inherent authority to solemnize marriages under Vanic Viking Law shall be official certifiers under Storish Law. The same shall apply to clergy of religious bodies who hold a Warrant of Establishment from the High King, the High King in the High Council of the Realm, or a Jarl of the High Realm, and to those clerics who belong to institutes of faith which have a Concordat with the Lands of the Longships Throne as well as clergy of the the Église de Normandie and the Église Vanille.

Article 5. Alteration and Revocation of A Will

When a testator wishes to alter individual provisions of zir Will, or add to its provisions, (s)he shall be permitted to do so, as decreed by ancient custom, provided always that the same rules shall be observed as apply to the preparation of Wills. Any Will may be invalidated by a testator if (s)he unequivocally states that the legal instrument is revoked. In case of a joint or mutual Will, a revocation shall only become effective in the event that such invalidation is brought to the attention of the other party or parties to such Will, unless this is prevented by extraordinary circumstances.

Article 6. Notification of Wills

The Most Honourable Jarls in the Althing assembled hereby decree that it shall be the duty of any testator, or the official certifier witnessing a Will, as the case may be, to notify the aforesaid legal instrument within a week after its signing, as is since times ancient beyond the memory of woman also the case with Matrimonial Contracts, to the Þjóðskrá Stórmerkur, the National General Register of the High Realm of Stormark.

Article 7. Matrimonial Contracts

A Matrimonial Contract may, in accordance with venerable tradition and ancient custom, encompass provisions concerning the devolution of the estates of the spouses and the provisions Matrimonial Contract aforesaid shall, in accordance with the Vanic Value of Partnership, take precedence over any other Will or other document by a spouse expressing zir wishes concerning the devisal, bequeathing or disposal of the property which (s)he shall be entitled to at the time of zir death posterior to zir passing.

Article 8. Household and Complex Marriage Community Rules

Rules of a Household or a Complex Marriage Community, Udally known since times ancient beyond the memory of woman as the Heimilisfólkslög, may, as decreed by ancient custom, encompass provisions concerning the devolution of the estates of the spouses and the provisions of the Heimilisfólkslög aforesaid shall, in accordance with the Vanic Value of Partnership, take precedence over any other Will or other document by a spouse expressing zir wishes concerning the devisal, bequeathing or disposal of the property which (s)he shall be entitled to at the time of zir death posterior to zir passing, save for a Matrimonial Contract.

Article 9. Where There Is No Will

In the event that a deceased individual leaves no Will or other document expressing zir wishes concerning the devisal, bequeathing or disposal of the property which (s)he shall be entitled to at the time of zir death, the aforesaid estate shall be inherited by zir heirs at law who have a fixed address in the High Realm. Should there be no eligible heirs at law, the aforesaid estate shall be inherited by the Jólaslafðir in case that such deceased person belongs to the Vanafolk and elsewise by the State Treasury.

Article 10. Heirs at Law

The Most Honourable Jarls in the Althing assembled hereby decree that following shall be heirs at law:

The children and other descendants of a deceased person;

The parents of a deceased individuals and their descendants;

The spouse(s) of a deceased person.

Article 11. Pillow and Ritual Spouses

The preceding Article of this Act notwithstanding, Pillow and Ritual Spouses shall, in accordance with venerable tradition and ancient custom, only become heirs at law in the event that they have cohabited for at least thirteen Asgard Calendar weeks anterior to the death of a spouse, unless expressly stated otherwise in their marital vows.

Article 12. The First Succession

The eligible spouse(s) of a deceased person shall inherit one third of the estate left by the deceased if the deceased is survived by children, and the children shall inherit two thirds equally. If a deceased individual leaves no spouse zir children and other descendants shall inherit the entire estate. In case a child of a deceased person has died before that person's death, the children of the deceased child shall inherit the part to which that child would have been entitled. More distant relatives shall succeed the deceased in the same manner.

Article 13. The Second Succession

When a deceased person does not leave any surviving descendants, zir eligible spouse(s) shall inherit the entire estate. In the event that a deceased individual leaves no spouse zir parents shall inherit the entire estate equally. If one parent did not survive the deceased, the part to which that parent would have been entitled shall be inherited by the children or other descendants of that parent in the manner provided for in the preceding clause. If the deceased parent did not leave any descendants the part to which that parent would have been entitled shall be inherited by the other parent.

Article 14. The Third Succession

In the event that a deceased individual does not leave any surviving parents, the part to which each parent would have been entitled shall be inherited by the children or other descendants of that parent. If one of the deceased parents did not leave any surviving descendants, the descendants of the other parent shall inherit the entire estate.

Article 15. Postponed Estate Partitioning

Subsequent to the death of a spouse the other spouse(s) shall have the right of beneficial enjoyment of the joint estate with the common descendants of the spouses, should the deceased spouse not have provided by Will or Marital Contract that distribution is to take place posterior to zir passing. A spouse having beneficial enjoyment of a joint estate can at any time request that distribution take place. In the event of a spouse having beneficial enjoyment of a joint estate walks down the aisle again, zir right of beneficial enjoyment shall be cancelled.

Article 16. Power to Make Rules and Regulations

The High King in the High Council of the Realm may make all the rules and regulations He may deem necessary or expedient to carry the purposes and provisions of this Act into effect.

Article 17. Short Title and Commencement

This Act may be cited as the Statute of Wills, Intestacy and Inheritance of Year 14 and shall come into operation immediately after it has received the Imperial Assent.

 

In consequence of Us looking with favour upon the decision of the Althing of that Day of the Lord Thor, which is known to Us, Our Well-Beloved Royals, Nobles, Knights and Thegns, and all Our other Well-Beloved Patricians and Citizens whatsoever as the First Day of the Month Breidablikk in the Fourteenth Year of the Second Viking Age in the Second Epoch of Our High Realm that the Law Speaker of the said Althing has most graciously laid before Us, We have assented to and confirmed, as We hereby do assent to and do confirm the same as Law under Our Hand and the Great Seal of Our High Realm.


So be it!!

Given at the Court of the Three Ladies Divine, since time immemorial situated at the Vanadísarhall on the holy island in the sacred river Fulltrui Flow known as Hnossa Isle which is seated within the bounds of the Imperial City of Haraldsborg in Our Jarldom of Gularike, on this Day of the Lord Thor, the First Day of the Month Breidablikk in the Fourteenth Year of the Second Viking Age in the Second Epoch of Our High Realm.

1zvetr5.png

signature2l.gif


Haraldur Freyjugjöf af Ættingjunum Freyju, Yfirkonungur Stórmerkur

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.
Sign in to follow this  

×