Download or read book From Testamentary Freedom to Testamentary Duty written by Frances Hannah and published by . This book was released on 2008 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Testamentary Freedom Versus Moral Duty written by William Alexander Marshall (LL.B.) and published by . This book was released on 2012 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Myth of Testamentary Freedom written by Melanie B. Leslie and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article examines how courts enforce moral norms by manipulating doctrines· designed to root out wills that lack testamentary intent and by selectively imposing the strict compliance doctrine. First, I explore the undue influence doctrine to show how courts will often invalidate even perfectly executed wills when necessary to ensure that the testator meets his or her familial duty. I then focus on cases construing the traditional Wills Act formality that requires two witnesses to sign the will in the testator's presence. I also explore cases that determine whether the signature requirement was satisfied when the testator was physically assisted in executing his or her will.I then show that our law is no stranger to the concept of testamentary familial duty, and often imposes such a duty overtly. In fact, the urge to restrict testamentary freedom in favor of the family is almost universal; most legal systems expressly protect family members from disinheritance.Finally, I demonstrate that the adoption of the Revised UPC will not necessarily lead to greater testamentary freedom. Simplifying will for formalities may deprive creative courts of one weapon in the battle to assure that testators fulfill perceived moral obligations, but simplification will hardly make a dent in the judicial arsenal. When legislatures and courts have, in the past, simplifiedwill formalities, courts have adapted by finding new bases for invalidating wills that previously would have been stricken for failure to comply with formalities. To illustrate, I examine a series of cases decided in jurisdictions that have purported to relax the traditional requirement that a testator's signature appear at the end of a document if it is to qualify as a will. Finally, I show that eventhe dispensing power will not. dim courts' loyalty to family duty, and thus will not ensure greater testamentary freedom for those who wish to distribute their property in ways that may offend a court's normative values.
Download or read book The Law of Succession written by Miriam Anderson and published by Editorial CSIC - CSIC Press. This book was released on 2011 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Deviance of the Will written by Susanna L. Blumenthal and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Deviance is built into the very idea of a last will and testament. From its earliest usages, this legal instrument has provided individuals with a means of departing from conventional rules of inheritance. The freedom of a testator to do what he wills with his own was cast in especially expansive terms in the wake of the American Revolution. Yet antebellum American courtrooms were inundated with the petitions of disappointed heirs, charging that the testator's unnatural disposition was the product of an insane delusion or other improper influences. This Article seeks to account for the rising tide of testamentary litigation in this era, offering a doctrinal story that departs from conventional instrumentalist analyses of the phenomenon. Through a reconstruction of these will contests, it becomes apparent that they were more than merely material struggles over the testator's property - that they were also animated by deeper metaphysical concerns about the source and significance of human perversity. Each case confronted judges with the same fundamental dilemma: was the testator's deviant will best read as evidence of moral depravity or mental unsoundness? Answers to this question were eagerly supplied by a new band of medical men, specializing in the diagnosis and treatment of insanity. As their medical hypotheses were increasingly deployed in mid-century contests, however, judges came to fear they proved too much, threatening to obscure the distinction between sin and disease, leaving the law with no metaphysical basis for assigning responsibility. In the face of this threat, postbellum judges came to appreciate the importance of distinguishing the eccentric from the insane will as a means of safeguarding the ideal of human autonomy. In their opinions, they performed important cultural work, elaborating a new way of thinking about the timeless problem of evil, anticipating what would be called Pragmatism by the century's end.
Download or read book The Color of Testamentary Freedom written by Kevin Noble Maillard and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wills that prioritize the interests of nontraditional families over collateral heirs test courts' dedication to observing the posthumous wishes of testators. Collateral heirs who object to will provisions that redraw the contours of “family” are likely to profit from the incompatibility of testamentary freedom and social deviance. Thus, the interests of married, white adults may claim priority over nonwhite, unmarried others. Wills that acknowledge the existence of moral or social transgressions -- namely, interracial sex and reproduction -- incite will contests by collateral heirs who leverage their status as white and legitimate in order to defeat testamentary intent. This Article turns to antebellum and postwar will contests between disinherited white heirs and mixed-race devisees to question the role of courts in defining “family” and the expectancy of collaterals to uphold this limitation. While other studies have separately examined the myth of testamentary freedom and argued for the legitimacy of diverse families, scholars have paid less attention to the color of inheritance. Drawing on Cheryl Harris's groundbreaking work on property and racial expectation interests, this Article illustrates the centrality of whiteness in the validation of testamentary transfers. At the same time, it questions the legal resistance to nontraditional families, which substantially weakens the aspirational theory of donative freedom -- the cornerstone of Trusts & Estates. Through the intersection of wills law and family law, this Article initiates a critical inquiry of the influence of race in testamentary transfers.
Download or read book Testamentary Freedom written by Siôn Hudson and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This chapter considers the potential impact of mutual wills in the increasingly important context of informal care, using Dr Sloan's previous work on informal carers in private law as its backdrop. It begins by outlining the mutual wills doctrine focusing on English Law, before evaluating the limitations that mutual wills might place on a testator's ability to leave property to a carer who has provided essential support to the survivor after one party to a mutual wills arrangement has died. The chapter then goes on to explore the restrictions that the doctrine can place on the carer's ability to bring claims against the survivor's estate, whether framed in proprietary estoppel or under family provision legislation, highlighting the fact that the mutual wills doctrine cannot be understood solely as a fetter on testamentary or donative freedom and has a strong link to the general normative difficulties surrounding testamentary contracts. In doing so, the chapter compares the effect of the mutual wills doctrine, and the constructive trust that can be generated by it, with the minimum equity based remedial approach of proprietary estoppel. It highlights the advantages of the minimum equity style approach as compared to the rigidity of the courts' approach to mutual wills, albeit with an awareness of the perceived disadvantages of judicial discretion in property law.
Download or read book Testamentary freedom written by and published by . This book was released on 1976 with total page 6 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Restricting Testamentary Freedom written by Daniel B. Kelly and published by . This book was released on 2014 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt: The organizing principle of American succession law -- testamentary freedom -- gives decedents a nearly unrestricted right to dispose of property. After surveying the justifications for testamentary freedom, I examine the circumstances in which it may be socially beneficial for courts to alter wills, trusts, and other gratuitous transfers at death: imperfect information, negative externalities, and intergenerational equity. These justifications correspond with many existing limitations on the freedom of testation. Yet, disregarding donor intent to maximize the donees' ex post interests, an increasingly common justification for intervention, is socially undesirable. Doing so ignores important ex ante considerations, including a donor's happiness, a donor's incentive to work, save, and invest, and the structure and timing of a donor's gifts. If donors believe courts may not facilitate their intent, donors may be less happy, accumulate less property, and alter gifts during life. Moreover, because the law often affects donor behavior, ignoring donative intent to benefit particular donees may harm not only the donors but also donees as a class. Thus, the living may themselves benefit if the law allows a certain degree of “dead hand” control.
Download or read book Family Provision written by Rosalind F. Atherton and published by Victorian Attorney-General's Law Reform Advisory. This book was released on 1997 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Testamentary Freedom Reaffirmed in the Supreme Court written by Brian Sloan and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The case now known as Ilott v The Blue Cross [2017] UKSC 17 was the first time that the Inheritance (Provision for Family and Dependants) Act 1975 was considered at the highest judicial level. The Court of Appeal ([2015] EWCA Civ 797, noted [2016] C.L.J. 31) had significantly enhanced the award given to an estranged and “disinherited” but needy daughter (Heather Ilott) at the expense of the charities (the Blue Cross, Royal Society for the Protection of Birds and Royal Society for the Prevention of Cruelty to Animals) who were the principal beneficiaries under her mother (Melita Jackson)'s will, leaving her with £143,000 out of the £486,000 estate primarily to purchase the council house in which she and her family were living. The Supreme Court unanimously allowed the charities' appeal, restoring Judge Million's original £50,000 order. Giving the lead judgment, Lord Hughes reasserted the centrality of testamentary freedom in English Law, emphasised the importance of the Act's limitation to “reasonable financial provision” for maintenance for non-spouse/civil partner applicants (s. 1(2)(b)), and held that a need for maintenance was a necessary but not sufficient condition for a successful claim. He approved previous case law in holding that maintenance could not “extend to any or everything which it would be desirable for the claimant to have”, but was not limited to “subsistence” either. He also confirmed that the focus of the correct test under the 1975 Act is not on the behaviour of the testatrix, but opined the reasonableness of her decision may still be a significant consideration, as may the extent of any “moral claim” even if that is not a “sine qua non”
Download or read book Testamentary Freedom written by William Malcolm Patterson and published by . This book was released on 2005 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Testamentary Freedom written by Auckland District Law Society. Public Issues Committee and published by . This book was released on 1976 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Landmark Cases in Succession Law written by Brian Sloan and published by Bloomsbury Publishing. This book was released on 2019-10-31 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Fathers of Conscience written by Bernie D. Jones and published by University of Georgia Press. This book was released on 2011-08-15 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fathers of Conscience examines high-court decisions in the antebellum South that involved wills in which white male planters bequeathed property, freedom, or both to women of color and their mixed-race children. These men, whose wills were contested by their white relatives, had used trusts and estates law to give their slave partners and children official recognition and thus circumvent the law of slavery. The will contests that followed determined whether that elevated status would be approved or denied by courts of law. Bernie D. Jones argues that these will contests indicated a struggle within the elite over race, gender, and class issues--over questions of social mores and who was truly family. Judges thus acted as umpires after a man's death, deciding whether to permit his attempts to provide for his slave partner and family. Her analysis of these differing judicial opinions on inheritance rights for slave partners makes an important contribution to the literature on the law of slavery in the United States.
Download or read book Limitations on Testamentary Freedom in Canada Ontario written by Marci J. Rubinoff and published by . This book was released on 1989 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt:
