Operation of law automatically confers rights or responsibilities without legal action. For example, when someone dies without a will, the law determines heirs and transfers property. Failure to act promptly on legal matters can result in termination of rights or liability assignments.
Operation of law is a term used to describe situations where rights or responsibilities are conferred automatically, rather than as a result of a specific legal action. A classic example of an assignment of rights by operation of law can be seen when someone dies without leaving a will. The exercise of the law determines the heirs and transfers the property to them. This allows you to manage your property and limits legal disputes.
The law has a number of provisions designed to deal with situations where changes or transfers need to occur and there is no directive in place to determine what to do. Otherwise, issues may remain pending indefinitely. Some examples of situations where law enforcement can come into play include cases where people fail to file legal objections, judges fail to resolve motions in a timely manner, or individuals fail to act to secure a right or avoid liability.
Individuals do not need to take any action for statutory assignment to occur. In the example of a person who dies intestate, the property is transferred to the presumptive heirs in absentia. Inheritance laws specify the hierarchy of heirs, allowing an appointed executor to determine who is first in line for the proceeds of the estate. If there is a dispute, such as a question about someone’s relationship to the deceased, it can be raised during the estate processing.
Sometimes, it is possible to dispute a transfer or change of status that occurs by operation of law. In these cases, people need to be able to demonstrate that they are not really aware of the situation that made the change necessary. Not being aware, the person has not had the opportunity to take appropriate action to address the situation. Legal remedies are sometimes available to reverse the change, as seen in cases where people lose the contents of an inactive bank account to the state and can later restore the funds under unclaimed property laws.
It is important for people to be aware of the role law enforcement can play in their lives. Failure to act promptly on a legal matter may result in the termination of rights, as occurs in cases of injury. People can also be blamed if they don’t pay close attention. People who may be vulnerable to liability assignments or forfeiture of rights include homeowners and some professionals such as doctors.
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