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 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 Free Will A Very Short Introduction written by Thomas Pink and published by Oxford University Press, USA. This book was released on 2004-06-24 with total page 145 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every day we seem to make and act upon all kinds of free choices - but are these choices really free? Or are we compelled to act the way we do by factors beyond our control? This book looks at free will.
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 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 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 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 Comparative Succession Law written by Kenneth G. C. Reid and published by Oxford University Press, USA. This book was released on 2020-10-08 with total page 833 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about the protection from disinheritance. Regardless of what a person's will might say, the closest relatives usually have a claim to some of the deceased's property. The book explores this issue in a sample of countries in Europe as well as in the USA, Canada, Latin America, China, South Africa, Australia, and New Zealand.
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 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 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 Trusts and Private Wealth Management written by Richard Nolan and published by Cambridge University Press. This book was released on 2022-12-22 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has been insufficient literature focusing on the world-changing rise of Asian wealth. Private wealth in Asia is very substantial, with 33 per cent of the global population of high-net-worth individuals based in Asia. Yet, there is a dearth of legal analysis of Asian wealth, particularly by texts written in English. This collection aims to fill that gap, with chapters on legal issues in relation to Asian wealth transmission, investments in international real estate, familial disputes, family offices and private trust companies. A substantive section of this book also focuses on the changing legal context with chapters exploring trusts and cryptoassets, constructive trust, trustee's discretion and decision-making, changing regulatory environment and abuse of trust structures. This collection of essays on trusts and wealth management presents a focus on Asian wealth and the changing legal context, and follows the related publication, Trusts and Modern Wealth Management (Cambridge University Press, 2018).
Download or read book Borkowski s Law of Succession written by Brian Sloan and published by Oxford University Press, USA. This book was released on 2020-06-04 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: Compact yet comprehensive, 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.
Download or read book Claiming a Promised Inheritance written by Alexandra Braun and published by Oxford University Press. This book was released on 2022-08-11 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Passing Wealth on Death written by Alexandra Braun and published by Bloomsbury Publishing. This book was released on 2016-07-28 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Wills Irish Precedents and Drafting written by Brian Spierin and published by Bloomsbury Publishing. This book was released on 2020-12-21 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shortlisted for the DSBA Practical Law Book of the Year Award 2020 Primarily a practical precedent book, but containing much more than just precedents, this book will prove invaluable to all legal practitioners specialising in probate and succession law. Most chapters cover a constituent part of a will, and include a commentary which summarises the applicable law and gives pointers and advice on matters to be taken into consideration and pitfalls to be avoided. Clear and concise, this title written by Brian Spierin, whose recent title Succession Act 1965 and Related Legislation: A Commentary won the DSBA practical book of year 2018, provides precedents drafted in a straightforward, modern style and annotated where necessary. Full appendices are included containing the relevant statutory provisions - which will be of use to the practitioner when drafting a will. The text of this third edition has been completely revised and includes case law up to date as of September 2020 and relevant legislation referenced up to 2020. Significant additions to this new edition include: -- Impact of the Divorce Reform -- Prevention of Benefit from Homicide - Law Reform Commission Report 114-2015 -- A new chapter on wills that deal with digital assets -- A new chapter on Mutual wills. Cases: H v H [2015] IESC 7 Laaser v Earls [2016] IECA 63 Corrigan v Corrigan IESC [2016] Nevin v Nevin [2013] IEHC 427, IECA 2017, IESC [2018]. The still relevant Cawley and others v Lillis [2011] IEHC 513 and [2012] IR 281
