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Author: Birke Häcker Publisher: Bloomsbury Publishing ISBN: 1782256288 Category : Law Languages : en Pages : 315
Book Description
While continental and comparative lawyers have recently rediscovered succession law as an area of immense practical importance deserving greater academic attention, it is still a neglected field in England. This book aims to reinvigorate the English debate. It brings together contributions by leading academics and practitioners engaging with topical issues as well as questions of fundamental importance in succession law and estate planning. The book will be of interest to both academics and practitioners working in the field, and to non-English comparative lawyers.
Author: Birke Häcker Publisher: Bloomsbury Publishing ISBN: 1782256288 Category : Law Languages : en Pages : 315
Book Description
While continental and comparative lawyers have recently rediscovered succession law as an area of immense practical importance deserving greater academic attention, it is still a neglected field in England. This book aims to reinvigorate the English debate. It brings together contributions by leading academics and practitioners engaging with topical issues as well as questions of fundamental importance in succession law and estate planning. The book will be of interest to both academics and practitioners working in the field, and to non-English comparative lawyers.
Author: Brian Sloan Publisher: Oxford University Press ISBN: 0198757921 Category : Inheritance and succession Languages : en Pages : 435
Book Description
Compact yet comprehensive, Dr Brian Sloan's revised edition of Borkowski's classic text continues to bring the universally-relevant law of succession to life in a style and format perfectly pitched for modern undergraduate students.
Author: Maria Gigliola di Renzo Villata Publisher: Springer ISBN: 3319762583 Category : Law Languages : en Pages : 640
Book Description
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.
Author: Brian Sloan Publisher: Bloomsbury Publishing ISBN: 1509919023 Category : Law Languages : en Pages : 368
Book Description
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: Miriam Anderson Publisher: Editorial CSIC - CSIC Press ISBN: 9789089520876 Category : Inheritance and succession Languages : en Pages : 366
Book Description
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: Lynn Dennis Wardle Publisher: Kluwer Law International B.V. ISBN: 9403545321 Category : Law Languages : en Pages : 429
Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in the USA covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with the USA. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.
Author: Albert Keating Publisher: ISBN: 9781905536788 Category : Domestic relations Languages : en Pages : 0
Book Description
Succession Law in Ireland: Principles, Cases and Commentaries is not a case book in the traditional sense. The use of cases in this work is done with the purpose of discerning the key principles, criteria and prerequisites applied by the courts in arriving at their decisions, knowledge of which is essential to practitioners and students in the field of succession law. Succession Law in Ireland: Principles, Cases and Commentaries contains 16 chapters. Each chapter is structured in the following way: >the subject matter; >the legislation, principles, criteria or prerequisites relevant to the subject matter; >reference to cases and the application of principles, criteria or prerequisites to the issues, and the findings of the courts; Author's commentaries appear at the end of each chapter. The contents cover diverse topics such as: execution of wills; testamentary capacity and undue influence; the revocation and revival of wills; class gifts and powers of appointment the legal right of spouses and civil partners; s 117 applications unworthiness to succeed and disinheritance the construction of wills; the issue of costs; equitable concepts and doctrines; foreign elements; the duty of care of solicitors; accountability and privilege; gifts taking effect on death; the validity of proceedings; the limitation of actions. Instances of the type of principles, criteria and prerequisites include the Kearns' Principles devised by Kearns J (as he then was) in In the Estate of ABC, XC v RT [2003] 2 IR 250 were derived from previous cases involving s117 applications to the courts by children of testators, the Lowry Principles devised by Lowry LCJ in Heron v Ulster Bank Ltd [1974] N.I. 44 are applied in cases dealing with the construction of wills, the Fennelly Criteria in Corrigan v Martin, Unreported, High Court, Fennelly J, 13 March, 2006, are referred to whenever the provisions of s 9 of the Civil Liability Act 1961 and the periods of limitation for bringing actions against the estates of deceased persons become an issue, and the prerequisites of the equitable doctrine of proprietary estoppel formulated by Laffoy J in Coyle v Finnegan and Finnegan [2013] IEHC 463. [Subject: Irish Law, Family Law, Inheritance Law]
Author: Kenneth Reid Publisher: OUP Oxford ISBN: 0191064211 Category : Law Languages : en Pages : 490
Book Description
Intestate Succession is the second volume in the Comparative Succession Law series which examines the principles of succession law from a comparative and historical perspective. This volume discusses the rules which apply where a person dies either without leaving a valid will, or leaving a will which fails to dispose of all of the person's assets. Among the questions considered are the following: What is the nature of the rules for the disposal of the deceased's assets? Are they mechanical or is there an element of discretion? Are particular types of property dealt with in particular ways? Is there entitlement to individual assets (as opposed to money)? Do the rules operate in a parentelic system or a system of some other kind? Are spouses treated more favourably than children? What provision is made for extra-marital children, for adopted children, for step-children? Does cohabitation give rise to entitlement? How are same-sex couples treated? Broader questions also arise of a historical and comparative nature. Where, for example, do the rules in intestate succession come from in particular legal systems? Have they been influenced by the rules in other countries? How are the rules explained and how are they justified? To what extent have they changed over time? What are the long-term trends? And finally, are the rules satisfactory, and is there pressure for their reform? As in the first volume, this book will focus on Europe and on countries which have been influenced by the European experience such as Australia, New Zealand, South Africa, the United States of America, Quebec, and the countries of Latin America. Further chapters are devoted to Islamic Law and Nordic law. Opening with a discussion on Roman law and concluding with an assessment of the overall development of the law in the countries surveyed, this book will provide a wider reflection on the nature and purpose of the law of intestate succession.
Author: Sir William Searle Holdsworth Publisher: The Lawbook Exchange, Ltd. ISBN: 1584774711 Category : Inheritance and succession Languages : en Pages : 328
Book Description
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: Birke Häcker
Author: Birke Häcker
Author: Brian Sloan
Author: Maria Gigliola di Renzo Villata
Author: Brian Sloan
Author: Miriam Anderson
Author: Lynn Dennis Wardle
Author: Albert Keating
Author: Kenneth Reid
Author: Joseph A. Prokop (Jr.)
Author: Sir William Searle Holdsworth