Succession Law Testamentary Claims
Author | : |
Publisher | : |
Total Pages | : 257 |
Release | : 1996 |
Genre | : Claims against decedents' estates |
ISBN | : |
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Author | : |
Publisher | : |
Total Pages | : 257 |
Release | : 1996 |
Genre | : Claims against decedents' estates |
ISBN | : |
Author | : New Zealand Law Commission |
Publisher | : |
Total Pages | : 0 |
Release | : 1996 |
Genre | : |
ISBN | : |
Preliminary Paper (NZLC PP24) for the Succession project, related specically to testamentary claims.
Author | : Miriam Anderson |
Publisher | : Editorial CSIC - CSIC Press |
Total Pages | : 366 |
Release | : 2011 |
Genre | : Inheritance and succession |
ISBN | : 9789089520876 |
Preface Contents Abbreviations i Authors i part i Harmonization of Succession Law in Europe: The Current Debate chapter 1 Need and Opportunity of Convergence in European Succession Laws Walter Pintens chapter 2 Testamentary Freedom or Forced Heirship? Balancing Party Autonomy and the Protection of Family Members Andrea Bonomi part ii New Trends in Catalan Succession Law chapter 3 Between Tradition and Modernisation: A General Overview of the Catalan Succession Law Reform Esther Arroyo Amayuelas - Miriam Anderson chapter 4 Testamentary Freedom and Its Limits Esteve Bosch Capdevila chapter 5 Freedom of Testation, Compulsory Share and Disinheritance Based on Lack of Family Relationship Antoni Vaquer Aloy chapter 6 Freedom of Testation Versus Freedom to Enter Into Succession Agreements and Transaction Costs Susana Navas Navarro part iii National Perspectives on the Law of Succession in the 21st Century chapter 7 Freedom of Testation in England and Wales Roger Kerridge chapter 8 Law of Succession and Testamentary Freedom in Germany A. Röthel chapter 9 The Law of Succession in Hungary Zoltán Csehi chapter 10 Freedom of Testation in Italy Andrea Fusaro chapter 11 Acquisition of Property by Succession in Dutch Law. Tradition between Autonomy and Solidarity in a Changing Society J. Michael Milo chapter 12 The Norwegian Approach to Forced Share, the Surviving Spouse's Position and Irrevocable Wills Peter Hambro chapter 13 Restraints on Freedom of Testation in Scottish Succession Law Eric Clive chapter 14 Freedom of Testation in Slovenia Suzana Kraljić chapter 15 Freedom of Testation, Legal Inheritance Rights and Public Order under Spanish Law Sergio Cámara Lapuente.
Author | : Sir William Searle Holdsworth |
Publisher | : The Lawbook Exchange, Ltd. |
Total Pages | : 328 |
Release | : 2004 |
Genre | : Inheritance and succession |
ISBN | : 1584774711 |
Holdsworth, William S., and C.W. Vickers. The Law of Succession, Testamentary and Intestate. Oxford: B.H. Blackwell, 1899. xiv, 311 pp. Reprinted 2004 by the Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-471-6. ISBN-10: 1-58477-471-1. Cloth. $125.* Intended as an introductory treatise for law students, this treatise serves as an excellent introduction and a useful reference. And as one would expect from a book co-written by Holdsworth [1871-1944], it goes beyond the law of his day to analyze its historical development. In addition to a valuable introductory chapter on the history of succession, the authors enrich their discussion in the main text with observations on the ways its principles developed over time in response to particular conditions. Their functionalist view, which owes much to Maitland's example, enabled them to create a sophisticated text that avoids the pitfalls of contemporary formalistic and "scientific" treatises.
Author | : Bill Paterson |
Publisher | : |
Total Pages | : |
Release | : 2021-03-29 |
Genre | : |
ISBN | : 9781988546506 |
Author | : Kenneth G. C. Reid |
Publisher | : |
Total Pages | : 523 |
Release | : 2011 |
Genre | : Law |
ISBN | : 0199696802 |
Launching a major new research project examining the principles of succession law in comparative perspective, this book discusses the formalities which the law imposes in order for a person to make a testamentary disposal of property. Among the questions considered are the following. How are wills made? What precisely are the rules - as to the signature of the testator, the use of witnesses, the need for a notary public or lawyer, and so on? Is there is a choice of will-type and, if so, which type is used most often and what are the advantages and disadvantages of each? How common is will-making or do most people die intestate? What happens if formalities are not observed? How can requirements of form be explained and justified? How did the law develop historically, what is the state of the law today, and what are the prospects for the future? The focus is on Europe, and on countries which have been influenced by the European experience. Thus in addition to giving a detailed treatment of the law in Austria, Belgium, England and Wales, France, Germany, Hungary, Italy, the Netherlands, Poland, and Spain, the book explores legal developments in Australia, New Zealand, the United States of America, and in some of the countries of Latin America with a particular emphasis on Brazil. It also includes chapters on two of the mixed jurisdictions - Scotland and South Africa - and on Islamic Law. The book opens with chapters on Roman law and on the early modern law in Europe, thus setting the historical scene as well as anticipating and complementing the accounts of national history which appear in subsequent chapters; and it concludes with an assessment of the overall development of the law in the countries surveyed, and with some wider reflections on the nature and purpose of testamentary formalities.
Author | : Kenneth G C Reid |
Publisher | : Oxford University Press |
Total Pages | : 832 |
Release | : 2020-10-09 |
Genre | : Law |
ISBN | : 0192590723 |
This third volume in a series on Comparative Succession Law concerns the entitlement of family members to override the provisions of a deceased person's will to obtain money or assets (or more money or assets) from the person's estate. Some countries, notably those in the civil law tradition (such as France or Germany), confer a pre-ordained share of the deceased's estate or of its value on certain members of the deceased's family, and especially on the deceased's children and spouse. Other countries, notably those in the common law tradition (such as England, Canada, or Australia), leave the matter to the discretion of the court, the amount awarded depending primarily on financial need. Whichever form it takes, mandatory family provision is both a protection against disinheritance and also, therefore, a restriction on testamentary freedom. The volume focuses on Europe and on countries influenced by the European experience. In addition to detailed treatment of the law in Austria, England and Wales, France, Germany, Hungary, Italy, the Netherlands, Norway, Poland, Scotland, and Spain, the book also has chapters on Australia and New Zealand, South Africa, the United States, Canada, the countries of Latin America, and the People's Republic of China. Some other countries are covered more briefly, and there is a separate chapter on Islamic law. The book opens with accounts of Roman law and of the law in medieval and early-modern Europe, and it concludes with a comparative assessment of the law as it is today in the countries and legal traditions surveyed in this volume.
Author | : Brian Sloan |
Publisher | : Bloomsbury Publishing |
Total Pages | : 502 |
Release | : 2019-10-31 |
Genre | : Law |
ISBN | : 1509919015 |
The Landmark Cases series highlights the historical antecedents of what are widely considered to be the leading cases in a discipline, and seeks to provide contexts in which to better understand how and why certain cases came to be regarded as the 'landmark' cases in any given field. Succession law's long pedigree, near-universal application, immense capacity for human interest stories, somewhat uncertain future in England and Wales, and close connection to demographics make it an ideal candidate for a Landmark Cases volume. The distinguished contributors to this collection consider cases ranging from 1720 to 2017, covering issues such as will-making and interpretation, the position of beneficiaries and personal representatives, testamentary promises, and the extent of testamentary freedom in England and Wales and beyond. The cases are relevant not only to scholars and students of succession law per se, but also those working in fields such as tax, trusts, tort and land law. They raise issues as diverse as class, colonialism, familial dynamics, expectations and obligations, mental health, and the proper roles of the legal profession and the welfare state. The collection will provoke much discussion on what makes a 'landmark' case, as well as on the peculiarities and limitations of the case law method.
Author | : Brian Sloan |
Publisher | : Oxford University Press |
Total Pages | : 435 |
Release | : 2017 |
Genre | : Law |
ISBN | : 0198757921 |
Presented and written in a friendly and engaging style, Dr Brian Sloan's revised edition is perfectly pitched for today's undergraduate students. Considerable attention is given to the area's rich and evolving case-law, illustrating the relevance of the law to modern life; the central issues and academic debates surrounding inheritance are discussed fully. New to this edition are an introductory chapter covering the demographic and policy context of succession, extensive further reading lists, and diagrams of key concepts, all presented in a clear, modernized design to aid understanding and ease navigation.
Author | : Maria Gigliola di Renzo Villata |
Publisher | : Springer |
Total Pages | : 652 |
Release | : 2018-03-19 |
Genre | : Law |
ISBN | : 3319762583 |
This book presents a broad overview of succession law, encompassing aspects of family law, testamentary law and legal history. It examines society and legal practice in Europe from the Middle Ages to the present from both a legal and a sociological perspective. The contributing authors investigate various aspects of succession law that have not yet been thoroughly examined by legal historians, and in doing so they not only add to our knowledge of past succession law but also provide a valuable key to interpreting and understanding current European succession law. Readers can explore such issues as the importance of a father’s permission to marry in relation to disinheritance, as well as inheritance transactions and private, dynastic and cross-border successions. Further themes addressed by the expert contributors include women’s inheritance rights, the laws of succession for the prince in legal consulting, and succession in the Rota Romana’s jurisprudence.