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 Ius Commune and Particular Law C 1400 1620 written by Mark Vermeer and published by . This book was released on 2023-12-31 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: As one of the remnants of Roman law, acts of last will have played an important role in European history. Last wills offer many opportunities for interdisciplinary research, as they are positioned at the crossroads of law, social history, economic history and the history of mentalities. Despite being formally the expression of a testator's ultimate wishes, the last will was subject to restrictions and formalities from various sides, such as princely laws, family interests and stipulations from ius commune.()This volume collects nine papers by an international group of scholars on the legal status, use and restrictions of acts of last will, with a special focus on various European regions that in the fifteenth to seventeenth centuries constituted a periphery within the ius commune tradition. The papers are structured around three major themes: the study of testamentary practices as a lens for the study of social life; the position of ius commune in comparison to local legal discourse and practice; and the relation between particular law and testamentary freedom.
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 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 Inherited Wealth written by Jens Beckert and published by Princeton University Press. This book was released on 2018-06-05 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: How to regulate the transfer of wealth from one generation to the next has been hotly debated among politicians, legal scholars, sociologists, economists, and philosophers for centuries. Bequeathing wealth is a vital ingredient of family solidarity. But does the reproduction of social inequality through inheritance square with the principle of equal opportunity? Does democracy suffer when family wealth becomes political power? The first in-depth, comparative study of the development of inheritance law in the United States, France, and Germany, Inherited Wealth investigates longstanding political and intellectual debates over inheritance laws and explains why these laws still differ so greatly among these countries. Using a sociological perspective, Jens Beckert sheds light on the four most controversial issues in inheritance law during the past two centuries: the freedom to dispose of one's property as one wishes, the rights of family members to the wealth bequeathed, the dissolution of entails (which restrict inheritance to specific classes of heirs), and estate taxation. Beckert shows that while the United States, France, and Germany have all long defended inheritance rights based on the notion of individual property rights, they have justified limitations on inheritance rights in profoundly different ways, reflecting culturally specific ways of understanding the problems of inherited wealth.
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 Caregiving and the Case for Testamentary Freedom written by Joshua C. Tate and published by . This book was released on 2008 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt: Almost all U.S. states allow individuals to disinherit their descendants for any reason or no reason, but most of the world's legal systems currently do not. This Article contends that broad freedom of testation is defensible because it allows elderly people to reward family members who are caregivers. The Article explores the common-law origins of freedom of testation, which developed in the shadow of the medieval rule of primogeniture, a doctrine of no contemporary relevance. The growing problem of eldercare, however, offers a justification for the twenty-first century. Increases in life expectancy have led to a sharp rise in the number of older individuals who require long-term care, and some children and grandchildren are bearing more of the caregiving burden than others. Recent econometric studies, not yet taken into account in legal scholarship, suggest a tendency among the American elderly to bequeath more property to caregiving children. A competent testator, rather than a court or legislature, is in the best position to decide how much care each person has provided and to reward caregivers accordingly. Law reform, therefore, should focus on strengthening testamentary freedom while ensuring that caregivers are adequately compensated in cases of intestacy.
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 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 and Its Restrictions in French and Italian Law written by Alexandra Braun and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom of testation has been defined by some as the most important individual right in the transfer of property mortis causa. It is, therefore, not surprising that the question of whether to expand or to limit it, has often been at the centre of debates and controversies. Most countries do not grant freedom of testation without limitations, which are imposed for different reasons and can take different forms. This paper examines the scope of testamentary freedom and its restrictions in French and Italian law. It discusses the approach that both the French and the Italian Civil Code have originally taken in relation to restrictions to the freedom of testation and examines how the law has developed in the two legal systems, with particular focus on the most recent reform movements. In doing so the paper outlines instances where French and Italian law converge or differ and identifies trends and shifts.
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 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 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 Current Issues in Succession Law written by Birke Häcker and published by Bloomsbury Publishing. This book was released on 2016-07-28 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
