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Exploring the Law of Succession by Kenneth G. C. Reid,Marius Johannes De Waal,Reinhard Zimmermann Pdf
By comparison with other areas of private law, the law of succession has been neglected by modern scholars. This volume contributes to its rehabilitation by examining key issues in succession law from a variety of perspectives: national historical and comparative.
Comparative Succession Law by Kenneth G C Reid,Marius J de Waal,Reinhard Zimmermann Pdf
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.
Succession Law, Practice and Society in Europe across the Centuries by Maria Gigliola di Renzo Villata Pdf
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.
The Machinery of Succession by J. Gareth Miller Pdf
A guide to the law of succession. This study explores the characteristics of the different methods of transmitting property and the requirements of the law in each case. It also considers the interests which the law seeks to protect and the main factors likely to influence the choice of machinery.
Comparative Succession Law by Kenneth G C Reid,Marius J de Waal,Reinhard Zimmermann Pdf
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.
Comparative Succession Law by Kenneth G. C. Reid,Marius Johannes De Waal,Reinhard Zimmermann Pdf
Exploring the rules that apply when a person dies without leaving a valid will, 'Intestate Succession' delivers a comparative and historical review of the relevant law in Europe and beyond, including an analysis of legal development, justifications, and reform.
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.
The Succession Act 1965 and Related Legislation by Brian E. Spierin,Paula Fallon Pdf
The first edition of this text (written by W. McGuire) was published in 1966, shortly after the Succession Act was enacted. It was then updated in 1986 by Professor R.A. Pearce. This third edition brings the work up to date and examines other related legislation which impacts upon succession, such as the Status of Children 1997 and the Divorce Act 1996. Practitioners will be familiar with its clear, concise layout and exposition on a section by section basis of the legislation.
Succession Law is primarily designed for students studying the subject of succession law (including wills, probate and administration of estates) at degree or professional level. The book is comprised of four parts covering not only the legal aspects of the subject but the practical ones as well. Contents Part One - The law of wills: The creation of succession rights, The execution of wills, Testamentary capacity, The revocation and revival of wills, Testamentary gifts, The legal right and moral duty, The rules of intestacy, The loss of succession rights Part Two - Probate practice: Grants of probate, Grants of letters of administration with will, Annexed and intestate, Grants for limited purposes, Caveats and citations, The administration of estates, Probate motions and actions Part Three - The construction of wills and intervention of equity: The construction of wills, The equitable concepts, The equitable doctrines Part Four - Specimen wills, probate and succession act forms. Dr. Albert Keating is a barrister and senior law lecturer at Waterford Institute of Technology.