Download or read book Limitations of a Parent s Testamentary Freedom written by Joseph Dainow and published by . This book was released on 1937 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 Parens Patriae and the Disinherited Child written by Michael J. Higdon and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most countries have safeguards in place to protect children from disinheritance. The United States is not one of them. Since its founding, America has clung tightly to the ideal of testamentary freedom, refusing to erect any barriers to a testator's ability to disinherit his or her children--regardless of the child's age or financial needs. Over the years, however, disinheritance has become more common given the evolving American family, specifically the increased incidences of divorce, remarriage, and cohabitation. Critics of the American approach have offered up solutions largely based on the two models currently employed by other countries: 1) the forced heirship approach, in which all children are entitled to a set percentage of their parent's estate; and 2) family maintenance statutes, which provide judges with the discretionary authority to override a testator's wishes and instead award some portion of the estate to the testator's surviving family members. This Article takes a different approach and looks at the issue of disinheritance through a new lens: the doctrine of parens patriae. Just as this doctrine limits the decision-making autonomy of living parents vis-à-vis their children, this Article argues that it should likewise limit the dead hand control of deceased parents. Focusing on minor children, adult children who remain dependent as a result of disability, and adult children who are survivors of parental abuse, it is the contention of this Article that testamentary freedom must sometimes yield to the state's inherent parens patriae authority to protect children from harm. Specifically, this Article proposes that courts should refuse to enforce testamentary schemes that disinherit those children if that disinheritance would constitute abuse or neglect. Such an approach is not only mandated by the doctrine of parens patriae but, in contrast to the approaches other countries have adopted, is more deferential to testamentary freedom. The limitations it does impose represent a relatively modest curtailment of the rights testators currently possess and, at the same time, are consistent with existing exceptions to testamentary freedom, most notably those in place to protect spouses and creditors as well as those that prohibit the enforcement of testamentary provisions that violate public policy.

Download or read book The Law of Inheritance Administration of Deceased Estates in Malawi written by Lewis Chezan Bande and published by African Sun Media. This book was released on 2021-06-11 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book To what extent is there testamentary freedom in England and Wales written by Mariam Shakil and published by GRIN Verlag. This book was released on 2020-09-28 with total page 39 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bachelor Thesis from the year 2018 in the subject Law - Civil / Private / Family Law / Law of Succession, grade: 71%, Anglia Ruskin University, course: LLB (Hons), language: English, abstract: A testament is considered to be one of the most fundamental actions that an individual carries out, having followed the criteria to constitute valid legacies. The assumption, in England and Wales, is that the provisions will be adhered to, as they enjoy testamentary freedom. This dissertation is based on the power that one possesses over their assets and the amount of freedom they have to be able to dispose it on their death. Absolute testamentary freedom is not seen in any legal system, as it would constitute many issues. Thus, evaluating the present restrictions that occur in relation to the construction and validation of a testament, which could arise before or after the death of a testator/trix, by using Blackletter Law as the method of gaining information. An overall evaluation will consist of a brief history of testamentary freedom and how the legal system has evolved over time, with the help of reforms of legislation and case law, while discussing any further restrictions that should be made. The Scottish jurisdiction is used to compare the differences between having limitations on testamentary freedom, such as having fixed family rights over assets. One of the main focuses of this dissertation is dealing with one of the most controversial areas of Succession law, being the Inheritance (Provisions for Family and Dependants) Act 1975 and discussing the possibility of making it more stringent to be able to make a claim under this Act. As freedom of testation acts as basic right an individual possesses, this dissertation will conclude that while the present restrictions are set into place, they are reasonable and should not be further restricted.

Download or read book Elder Law written by Ann Numhauser-Henning and published by Edward Elgar Publishing. This book was released on 2017-02-24 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ageing population poses a huge challenge to law and society, carrying important structural and institutional implications. This book portrays elder law as an emerging research discipline in the European setting in terms of both conceptual and theoretical perspectives as well as elements of the law.

Download or read book Modern Studies in Property Law Volume 8 written by Warren Barr and published by Bloomsbury Publishing. This book was released on 2015-08-27 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains a collection of peer-reviewed papers presented at the Tenth Biennial Modern Studies in Property Law Conference held at the University of Liverpool in April 2014. It is the eighth volume to be published under the name of the Conference. The Conference and its published proceedings have become an established forum for property lawyers from around the world to showcase current research in the discipline. This collection reflects the diversity and contemporary relevance of modern research in property law. Incorporating a keynote address by Sir John Mummery, retired Lord Justice of Appeal, on 'Property in the Information Age', a number of chapters consider the contribution of property law to issues central to the human condition; the home, health and death. Other papers illustrate an enduring need to question and explore fundamental concepts of the subject as well as to consider the challenges of reforming the law. Collectively the chapters demonstrate the vibrancy and importance of property law in dealing with modern concerns across the common law world.

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 368 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 Inheritance Law Challenges and Reform written by Torstein Frantzen and published by BWV Verlag. This book was released on 2013-01-01 with total page 109 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Philosophical Foundations of the Law of Express Trusts written by and published by Oxford University Press. This book was released on 2023-11-30 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: The trust is a highly popular mode of property-holding and one of the most important innovations in the law of equity. It presents the jurist with numerous conceptual, doctrinal, and ethical challenges. In addition to being used towards the pursuit of good, trusts have also been used for ill, and the interaction of trust law with other laws agitates received principles of justice, efficiency, and coherence in the law. Trust law remains, nevertheless, under-theorized. While its technical and doctrinal aspects have been studied intensively, the foundational questions to which they give rise have remained largely unexamined. This volume takes an important step towards filling this gap. The chapters in this book explore some of these quandaries with a view to initiating and encouraging further engagement and learning. They identify different challenges and adopt a variety of methodological approaches and perspectives towards their resolution, ranging from conceptual questions about what is 'the trust' and 'trusts law', chapters analysing the legal and/or moral statuses of each of the settlor, trustee, and beneficiary, to chapters questioning the moral foundations of different trusts and range of pursuits towards which parties have deployed them.

Download or read book Les solidarit s entre g n rations written by and published by Primento. This book was released on 2013-03-06 with total page 740 pages. Available in PDF, EPUB and Kindle. Book excerpt: L’ampleur des enjeux humains, économiques et sociaux posés par la question des solidarités entre générations a conduit l’International society of Family Law (ISFL) à choisir ce thème pour son XVe congrès mondial. Plus de 200 intervenants, venus de 50 pays, ont abordé ces questions sous l’angle juridique, mais aussi philosophique, économique et anthropologique. Cet ouvrage présente une partie de ces communications organisées autour de deux grands thèmes : l’enfant au cœur des solidarités familiales et la prise en charge des aînés par la famille. Des phénomènes tels que l’allongement de la durée de la vie, l’urbanisation des populations, la difficulté d’entrée sur le marché du travail ou encore l’éclatement des modèles familiaux traditionnels marquent notre monde contemporain et impliquent la disparition d’anciennes solidarités et l’apparition de nouvelles solidarités redessinant les relations entre générations, posant alors le problème du sort des personnes les plus fragiles : les enfants, les malades, les handicapés et, surtout, les personnes âgées. – Quel est alors le rôle de la famille et des collectivités dans la protection de ces personnes ? – Quels rapports entre solidarités publiques et solidarités privées ? – Quels sont les droits et libertés reconnus aux personnes que l’âge, la maladie ou le handicap, placent en situation de dépendances ? Telles sont les questions au cœur de cet ouvrage. The importance of the human, economic and social issues caused by the question of generations’ solidarities led the International Society of Family Law to choose this theme for its XVIth World Congress (Lyon, July 19-23rd 2011). More than 200 speakers from 50 countries studied these questions from the legal angle, but also philosophic, economic and anthropological. This work collects a part of these papers about two great issues: the child, as the center of family solidarities; and the support for elders by family. Phenomena such as increasing life expectancy, population urbanization, labor-market entry barriers, decline of traditional family patterns, mark in depth our contemporary world and involve old solidarity disappearance and new solidarity emergence, reshaping relations between generations while bringing up the problem of the fate of the most vulnerable: children, the sick, disabled, and especially elderly people. – What then is the role of families and communities in protecting these people? – What is the relationship between public and private solidarity? – What are the rights and freedoms of people placed by age, illness or disability in a dependence situation? These are the issues addressed by the authors of this book.

Download or read book A Triumph for Testamentary Freedom written by and published by . This book was released on 2000 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Limits of Rural Capitalism written by Kenneth Michael Sylvester and published by University of Toronto Press. This book was released on 2001-01-01 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sylvester challenges the view in prairie historiography that agriculture had commercialized before the west was opened to settlement, and that ethnic communities alone resisted the market's potential.

Download or read book Inheritance Law And The Evolving Family written by Ralph Brashier and published by Temple University Press. This book was released on 2008-11-20 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: How inheritance law has failed to recognize the modern family.

Download or read book Landmark Cases in Family Law written by Stephen Gilmore and published by Bloomsbury Publishing. This book was released on 2011-07-01 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are a number of important (landmark) cases in the development of Family Law in England and Wales that deserve detailed examination and lend themselves particularly well to historical examination. Family law cases tend to raise highly controversial issues, often on striking facts, frequently provoking wider social debate and/or extensive publicity. Consequently, the landmark cases chosen for this collection provide considerable scope, not only for doctrinal analysis and explanation of the importance and impact of the decisions, but also for in-depth examination of the social or policy developments that influenced them. The stories behind the cases provide a fascinating insight into the complexities of family life and the drama that can be found in the family courts. In recent years, Family Law has seen enormous changes in law's engagement with the notion of 'family', with the enactment, for example, of the Civil Partnership Act 2004, the Gender Recognition Act 2004 and, more recently, the Human Fertilisation and Embryology Act 2008. As we begin to move forward into the new millennium, this is an excellent time to engage in detailed analyses and 'stock-taking' of the landmark decisions, many of which were decided in the 1970s, and which have shaped modern Family Law. This book provides a series of in-depth studies of the key leading cases, and will be of interest to students and lecturers alike.

Download or read book Early Modern Conceptions of Property written by John Brewer and published by Routledge. This book was released on 2014-01-14 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt: Original historical and literary case studies Distinguished contributors from different fields - law, art history, literature Challenging and sophisticated theory International perspective First book in series brilliantly reviewed

Download or read book Household and Family Economics written by Paul L. Menchik and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is a compilation of essays by prominent economists in the area of household and family economics. The volume attempts to cover some areas in the field and focuses on topics such as income determination and the intergenerational transmission of income generation, the changing role of women in the labor force, fertility, and income tax treatment of the family. Each essay is followed by a discussion of part, or all, of its contents.