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Kenneth G. C. Reid,Marius Johannes De Waal,Reinhard Zimmermann
Author : Kenneth G. C. Reid,Marius Johannes De Waal,Reinhard Zimmermann Publisher : Comparative Succession Law Page : 523 pages File Size : 43,9 Mb Release : 2011 Category : Law ISBN : 9780199696802
Testamentary Formalities by Kenneth G. C. Reid,Marius Johannes De Waal,Reinhard Zimmermann Pdf
Launching a major new research project examining the principles of succession law in comparative perspective, this volume analyses the formalities imposed by the law on making a will across a wide range of European and international jurisdictions.
With its unique contextual emphasis and authoritative commentary, Trusts Law: Text and Materials is a book that no serious undergraduate on trust law courses can afford to be without. The book is divided into four main parts: trusts and the preservation of family wealth; trusts and family breakdown; trusts and commerce; and trusts and non-profit activity. Within each of these parts, leading cases, statutes, and historical and research materials are placed alongside the narrative of the author's text to give emphasis both to general theories of trust concepts and to the practical operation of trusts. Attention is also given to important themes such as the developing relationship between trusts law and other areas of private law such as the Law of Restitution. This new edition takes account of all relevant judicial and legislative developments since the third edition, and expands discussion of key themes in current developments of the law.
The Law of Inheritance & Administration of Deceased Estates in Malawi by Lewis Chezan Bande Pdf
This book discusses the law of inheritance and administration of deceased estates in Malawi. Its coverage includes basic concepts underlying inheritance; history of law of inheritance in Malawi; Will-making and testate inheritance; intestate inheritance; pension and inheritance of pension benefits and life insurance policies; other forms of inheritance like promissory estoppel, donationes mortis causa, rule in Strong v Bird and mutual Wills; estate duty; grants and personal representatives; and administration of deceased estates. Key statutes discussed include Constitution of Malawi, Deceased Estates (Wills, Inheritance and Protection) Act, Pensions Act, Estate Duty Act and Trustees Act. The book is designed as a reference for judicial officers, legal practitioners, public officers and administrators of deceased estates, law students, policy and legislative makers, pension fund managers, civil society activists (particularly on children and women’s rights) and interested academics.
Wills Formalities Versus Testator's Intention by Mariusz Zalucki Pdf
In recent years in particular, as a result of the very rapid development of various technologies, the phenomenon of so-called informal wills has appeared on a large scale in the practice of succession law. These are wills made by testators who, when disposing of their assets in the event of their death, do not make use of the forms of will provided for by the law. This is most often the result of ignorance or confusion as to the admissibility of a particular method of disposing of assets in the event of their death. In the light of the relevant provisions such a will is frequently invalid. Despite clear and convincing evidence and testation intentions, the testator's last will does not produce any legal effects regarding his estate. The inappropriateness of this kind of solutions was shown, among others, during the COVID-19 pandemic, when the need for making last wills has increased significantly, and has rarely been executed in a manner consistent with the formalities. Therefore, the main objective of this work is to design such a normative solution which could function in the provisions of succession law as one that constructs the legal figure of the form of a will.
Wills, Trusts, and Estates by Reid Kress Weisbord,David Horton (Law teacher),Stephen K. Urice Pdf
"This Trusts and Estates casebook provides the fundamentals in an accessible and straightforward manner. Designed with particular attention toward new professors and those looking for a shorter book that covers all the crucial aspects of trusts and estates practice"--
Inheritance Law - Challenges and Reform by Torstein Frantzen Pdf
Hauptbeschreibung In 2011 the Norwegian government appointed a Committee to prepare a proposal for a new inheritance act to replace the inheritance act of 1972. A German-Norwegian seminar on inheritance law took place in Bergen 2012 with a special attention to the ongoing reform of Norwegian inheritance law. The topics of the seminar were the protection of children and the surviving partner - both spouse and cohabitant. The seminar included presentations from scholars from both countries, each presented from a Norwegian and a German perspective. Several lectures also include a.
The Oxford Handbook of European Legal History by Heikki Pihlajamäki,Markus D. Dubber,Mark Godfrey Pdf
European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on "heartlands" of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical "fringes" such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.
Passing Wealth on Death by Alexandra Braun,Anne Röthel Pdf
Wealth can be transferred on death in a number of different ways, most commonly by will. Yet a person can also use a variety of other means to benefit someone on death. Examples include donationes mortis causa, joint tenancies, trusts, life-insurance contracts and nominations in pension and retirement plans. In the US, these modes of transfer are grouped under the category of 'will-substitutes' and are generally treated as testamentary dispositions. Much has been written about the effect of the use of will-substitutes in the US, but little is generally known about developments in other jurisdictions. For the first time, this collection of contributions looks at will-substitutes from a comparative perspective. It examines mechanisms that pass wealth on death across a number of common law, civil law and mixed legal jurisdictions, and explores the rationale behind their use. It analyses them from different viewpoints, including those of owners of businesses, investors, as well as creditors, family members and dependants. The aims of the volume are to show the complexity and dynamics of wealth transfers on death across jurisdictions, to identify patterns between jurisdictions, and to report the attitudes towards the different modes of transfer in light of their utility and the potential frictions they give rise to with policies and principles underpinning current laws.
The Social History of the American Family by Marilyn J. Coleman,Lawrence H. Ganong Pdf
The American family has come a long way from the days of the idealized family portrayed in iconic television shows of the 1950s and 1960s. The four volumes of The Social History of the American Family explore the vital role of the family as the fundamental social unit across the span of American history. Experiences of family life shape so much of an individual’s development and identity, yet the patterns of family structure, family life, and family transition vary across time, space, and socioeconomic contexts. Both the definition of who or what counts as family and representations of the “ideal” family have changed over time to reflect changing mores, changing living standards and lifestyles, and increased levels of social heterogeneity. Available in both digital and print formats, this carefully balanced academic work chronicles the social, cultural, economic, and political aspects of American families from the colonial period to the present. Key themes include families and culture (including mass media), families and religion, families and the economy, families and social issues, families and social stratification and conflict, family structures (including marriage and divorce, gender roles, parenting and children, and mixed and non-modal family forms), and family law and policy. Features: Approximately 600 articles, richly illustrated with historical photographs and color photos in the digital edition, provide historical context for students. A collection of primary source documents demonstrate themes across time. The signed articles, with cross references and Further Readings, are accompanied by a Reader’s Guide, Chronology of American Families, Resource Guide, Glossary, and thorough index. The Social History of the American Family is an ideal reference for students and researchers who want to explore political and social debates about the importance of the family and its evolving constructions.
Claiming a Promised Inheritance by Alexandra Braun Pdf
Claiming a Promised Inheritance examines those cases where a person is promised a future inheritance and, having acted on it, later discovers that the promise is unfulfilled. The book structures its analysis and argument around the stories of disappointed promisees and their unfulfilled expectations of a future inheritance, and how they might seek redress. It maps and compares the various, and often very diverse range of legal responses that a promisee can avail herself of across different legal areas of the law (ranging from contract law to property law, employment law, unjust and unjustified enrichment law, and succession law) and in both common and civil law traditions. Braun asks how these responses protect the interests of promisees and whether they are sensitive to the context in which such promises are expressed. In doing so, the focus rests on the level of protection the various forms of redress grant, their scope, and the challenges promisees face when brining a claim, but also on the values and interests that are at stake when granting relief. This book argues that due to the social and legal context within which promises of a future inheritance are normally made, promisees are usually in a vulnerable position that can easily by exploited. It further argues that the law is usually more acutely attuned to the risks that the promisor incurs and that greater attention should be paid to the challenges promisees face. Claiming a Promised Inheritance thus complements the traditional viewpoint by bringing into focus the (too often ignored) perspective of promisees.
Wills, Trusts, and Estates in Focus by Naomi R. Cahn,Alyssa DiRusso,Susan N. Gary Pdf
In a typical Wills, Trusts, and Estates (WTE) class there are both students who want to practice in WTE (either exclusively, or as part of a general practice), and those who need only to master the general concepts in order to pass the bar exam. Wills, Trusts, and Estates in Focus by Naomi R. Cahn, Alyssa DiRusso, and Susan Gary attends to the needs of both sets of students. For those who will practice in WTE, the concepts are presented in an engaging way and exemplified by realistic hypothetical scenarios that mirror practice and support the development of lawyering skills. For those who need only to pass the bar, the organization of the text is keyed to multi-state essay examination topics as presented on the multi-state bar exam. The well-crafted pedagogy of the Focus Series makes WTE concepts and procedure clear and accessible for all students. Case Previews shed light on each succinctly-edited case, provide legal context, and direct students to the issue at hand. Post-Case Follow-Ups review the decision and prepare students to apply the relevant legal principles to the set of exercises that follow, called Real Life Applications. Professors will appreciate the accessible approach of Wills, Trusts, and Estates in Focus, which combines straightforward narrative explanations with real-world examples, and problems designed to engage students in active learning. Features of Wills, Trusts, and Estates in Focus: Insightful authorship: The author team consists of three well-known academics with expertise in WTE and complementary areas such as family law, charities, elder law, and tax. All are elected Fellows of the American College of Trust and Estate Counsel (ACTEC), the leading professional organization of trust and estates attorneys. Conscious modernization of the WTE casebook that balances major landmark cases and 21st century authorities, including recent case decisions and developments in the law (such as the 2017 Tax Cuts and Jobs Act) Thorough coverage of core topics, combined with the Focus Series pedagogy Manageable problem sets that allow students to apply doctrine to realistic fact scenarios Research and drafting exercises that support the development of practice-based skills Professors and students will benefit from: Clear writing that promotes the learning outcomes of student competencies in knowledge and understanding of both the substantive and procedural law of WTE legal analysis and reasoning problem-solving how to exercise proper professional and ethical responsibilities with regard to clients and the legal system A balanced emphasis on practice readiness and bar-exam readiness An author team with experience writing for students, practitioners, and lay people A clear and logical book structure and chapter organization, with cross-references to related coverage in other chapters Appendices that provide examples of how doctrine maps on to practice, as in will contest pleadings and probate filings Teaching materials include: Teacher’s Manual with straightforward case summaries and answers to all problems Sample 3-credit syllabus
