Download or read book Testamentary Formalities written by Marius Johannes De Waal and published by . This book was released on 2011 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: Launching a major new research project examining the principles of succession law in comparative perspective, this book discusses the formalities which the law imposes in order for a person to make a testamentary disposal of property. Among the questions considered are the following. How are wills made? What precisely are the rules - as to the signature of the testator, the use of witnesses, the need for a notary public or lawyer, and so on? Is there is a choice of will-type and, if so, which type is used most often and what are the advantages and disadvantages of each? How common is will-making or do most people die intestate? What happens if formalities are not observed? How can requirements of form be explained and justified? How did the law develop historically, what is the state of the law today, and what are the prospects for the future? The focus is on Europe, and on countries which have been influenced by the European experience. Thus in addition to giving a detailed treatment of the law in Austria, Belgium, England and Wales, France, Germany, Hungary, Italy, the Netherlands, Poland, and Spain, the book explores legal developments in Australia, New Zealand, the United States of America, and in some of the countries of Latin America with a particular emphasis on Brazil. It also includes chapters on two of the mixed jurisdictions - Scotland and South Africa - and on Islamic Law. The book opens with chapters on Roman law and on the early modern law in Europe, thus setting the historical scene as well as anticipating and complementing the accounts of national history which appear in subsequent chapters; and it concludes with an assessment of the overall development of the law in the countries surveyed, and with some wider reflections on the nature and purpose of testamentary formalities.
Download or read book Comparative Succession Law written by Kenneth G. C. Reid and published by . This book was released on 2011 with total page 523 pages. Available in PDF, EPUB and Kindle. Book excerpt: Launching a major new research project examining the principles of succession law in comparative perspective, this book discusses the formalities which the law imposes in order for a person to make a testamentary disposal of property. Among the questions considered are the following. How are wills made? What precisely are the rules - as to the signature of the testator, the use of witnesses, the need for a notary public or lawyer, and so on? Is there is a choice of will-type and, if so, which type is used most often and what are the advantages and disadvantages of each? How common is will-making or do most people die intestate? What happens if formalities are not observed? How can requirements of form be explained and justified? How did the law develop historically, what is the state of the law today, and what are the prospects for the future? The focus is on Europe, and on countries which have been influenced by the European experience. Thus in addition to giving a detailed treatment of the law in Austria, Belgium, England and Wales, France, Germany, Hungary, Italy, the Netherlands, Poland, and Spain, the book explores legal developments in Australia, New Zealand, the United States of America, and in some of the countries of Latin America with a particular emphasis on Brazil. It also includes chapters on two of the mixed jurisdictions - Scotland and South Africa - and on Islamic Law. The book opens with chapters on Roman law and on the early modern law in Europe, thus setting the historical scene as well as anticipating and complementing the accounts of national history which appear in subsequent chapters; and it concludes with an assessment of the overall development of the law in the countries surveyed, and with some wider reflections on the nature and purpose of testamentary formalities.
Download or read book Wills written by Alberta Law Reform Institute and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Testamentary Formalities in Italy written by Alexandra Braun and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This chapter gives an overview of formality requirements for testamentary dispositions in Italian law, both from a historical and a comparative perspective. Italian inheritance law is deeply rooted in French law and the provisions concerning formalities therefore resemble those of the French Civil Code (as entered in to force in 1804). As well as ordinary wills, including holograph and notarial wills (whether public or secret), the Italian legal system also recognizes a number of special wills as well as international wills. This chapter examines the requirements for each of these different types of will, discusses their popularity and compares their pros and cons. It further outlines the impact of defects of form requirements on the validity of wills and considers the approach of the Italian courts to such defects. Finally, it shows that unlike in some other European countries, in Italy, the number of wills has decreased whilst 'will-substitutes' have become more and more popular.
Download or read book Wills Formalities Versus Testator s Intention written by Mariusz Zalucki and published by . This book was released on 2021-06-16 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Interpretation of Testamentary Documents written by Gino Evan Dal Pont and published by . This book was released on 2019 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interpretation of Testamentary Documents is a practical and accessible guide for legal practitioners on matters where the testator¿s intention is not made clear. With uncertainty possibly infecting the property the subject of succession, the persons who may take that property, or the shares to be taken by those persons, this text provides an invaluable resource for practitioners requiring guidance on these matters. Features ¿ Essential reference for all practitioners engaged in estates law ¿ Clear and practical guide ¿ Multi-jurisdictional ¿ Highly esteemed author
Download or read book Trusts Law written by Graham Moffat and published by Cambridge University Press. This book was released on 2005-09-29 with total page 1110 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Testamentary Formalities in Germany written by Reinhard Zimmermann and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essay traces the history of the ordinary as well a extra-ordinary will types in German law. It commences with an analysis of private wills in 19th century Germany and relates the debates surrounding the introduction - at the last conceivable moment and against protracted opposition - of the holograph will into the BGB. Yet, judicial experience with it in the first four decades of the 20th century was anything but encouraging. The problems were solved, eventually, by legislative reform: the Testamentsgesetz of 1938 laid the foundations of the holograph will as it has come to be established as a generally accepted part of modern German law. The essay analyses the way in which modern courts and writers interpret the form requirements of the holograph will. It then traces the development of public wills, of emergency wills and of wills made during a sea voyage in German law. It also relates the available empirical data on will-making in Germany and attempts to provide a general assessment of the experiences with the will types recognized in that country. The essay is part of a historical and comparative project on testamentary formalities.
Download or read book Wills Formalities Versus Testator s Intention written by Mariusz Załucki and published by . This book was released on 2021 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: In der erbrechtlichen Praxis häufen sich im Zuge der technischen Entwicklung "formlose Testamente“ von Erblassern, die nicht von den gesetzlich vorgesehenen Testamentsformen Gebrauch machen. Im Lichte der einschlägigen Vorschriften ist ein solches Testament meist unwirksam; der letzte Wille des Erblassers entfaltet trotz eindeutiger Testierabsicht keine Rechtswirkungen hinsichtlich seines Nachlasses. Während der COVID-19-Pandemie hat die Notwendigkeit des zügigen Abfassens von Testamenten deutlich zugenommen - die zugleich nur selten allen formalen Anforderungen entsprechen. Dieses Werk entwirft normative Lösungen zur Reform der Testamentsform, die es ermöglichen, den letzten Willen des Erblassers unabhängig von der Art und Weise der Errichtung und der Aufzeichnung wiederzugeben.
Download or read book Testamentary Formalities in Scotland written by Kenneth Reid and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are no separate rules of testamentary formality in Scotland, and wills are solemnised in the same way as other juridical deeds for which writing is required. The reason is historical. Until 1868 it was not possible to make a will in respect of immoveable property, and heirs could only be disinherited by a deed which had at least the appearance of an inter vivos conveyance. In practice such conveyances tended to be used for moveable property as well although a will was competent. The result was that wills were little used until the second half of the nineteenth century, by which time it was too late to develop distinctive rules of execution. This paper examines the history of testamentary formalities in Scotland, considers the influences, internal and external, on the development of the law, and evaluates the role played by legal policy.
Download or read book Wills Trusts and Estates written by Gerry W. Beyer and published by Aspen Publishers. This book was released on 1999 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new addition To The popular Examples & Explanations Series brings a new degree of clarity to Will, Trusts, and Estates. Noted author Gerry Beyer helps students work through troublesome topics to get a firm grasp of the underlying concepts of the subject. WILLS, TRUSTS, AND ESTATES: Examples & Explanations is equally well suited for class use or independent study. This lively and engaging text lead students to enlightenment through the careful use of: -sample wills and trusts -clear and lucid explanations -effective practice problems -a no-intimidating, conversational tone Instructors will appreciate the book's flexible an adaptable structure that complements a wide range of teaching approaches. Beyer's comprehensive text explores: -non-probate assets -estate administration -disability and death planning -malpractice and professional responsibility -wealth transfer taxation For extra help with an especially difficult concept or a solid review of the entire subject, WILLS, TRUSTS, AND ESTATES: Examples and Explanations is an excellent choice. Table of Contents Chapter 1: Introduction and Overview 1.1 Brief History of Property Transference When Owner Dies 1.2 Basic Terminology Used in This Book 1.3 Determination of Applicable Law 1.4 the 'Big Picture' PART ONE - INTESTATE SUCCESSION Chapter 2: Descent and Distribution 2.1 Reasons Most Individuals Die Intestate 2.2 Historical Development of Descent and Distribution 2.3 Surviving Spouse 2.4 Descendants 2.5 Ancestors and Collaterals 2.6 Escheat Chapter 3: Treatment of Certain Categories of Potential Heirs 3.1 Posthumous or Afterborn Heirs 3.2 Adopted Individuals 3.3 Non-Marital Children 3.4 Children from Alternative Reproduction Technologies 3.5 Stepchildren 3.6 Half-Blooded Collateral Heirs 3.7 Non-United States Citizens 3.8 Unworthy Heirs Chapter 4: Other Intestate Succession Issues 4.1 Ancestral Property 4.2 Advancements 4.3 Survival 4.4 Disclaimers 4.5 Assignment or Release of Expectancy to Inherit 4.6 Equitable Conversion 4.7 Liability for Debts of Predeceased Intermediary 4.8 Heir Designation 4.9 Choice of Law PART TWO - WILLS Chapter 5: Requirements for a Valid Will 5.1 Legal Capacity 5.2 Testamentary Capacity (Sound Mind) 5.3 Testamentary Intent 5.4 Formalities Chapter 6: Changing Circumstances After Will Execution - Property 6.1 Classification of Testamentary Gifts 6.2 Ademption by Extinction 6.3 Ademption by Satisfaction 6.4 Changes in Value 6.5 Exoneration 6.6 Abatement 6.7 Tax Apportionment Chapter 7: Changing Circumstances After Will Execution - Persons 7.1 Marriage of a Testator 7.2 Divorce of Testator 7.3 Pretermitted Heirs 7.4 Death of Beneficiary - Lapse 7.5 Failure of Charitable Gift - Cy Pres 7.6 Survival Chapter 8: Revocation of Wills 8.1 Revocation by Operation of Law 8.2 Revocation by Physical Act 8.3 Revocation by Subsequent Writing 8.4 Presumptions 8.5 Revival 8.6 Conditional Revocation 8.7 Multiple Originals Chapter 9: Interpretation and Construction 9.1 Ambiguity 9.2 Integration 9.3 Incorporation by Reference 9.4 Facts of Independent Significance 9.5 Tangible Personal Property Document 9.6 Pour-Over Provisions 9.7 Precatory Language 9.8 Class Gifts 9.9 Dead Person's Statute Chapter 10: Will Contests 10.1 Failure to Satisfy Requirements of a Valid Will 10.2 Insane Delusions 10.3 Undue Influence 10.4 Duress 10.5 Fraud 10.6 Mistake 10.7 Remedies 10.8 Preventing Will Contests Chapter 11: Other Will Issues 11.1 Conditional Wills
Download or read book Testamentsformen written by Reinhard Zimmermann and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In der Geschichte des europäischen Privatrechts spielt das Erbrecht eine zentrale Rolle. Das gilt bereits für das römische Recht. »Classical jurisprudence discussed the law of succession on death with obvious predilection and at the same time admirable delicacy«, schreibt Fritz Schulz, um schließlich zu konstatieren: »The Roman law of succession is indeed the focus of the Roman ›will to law‹«1. So überrascht denn auch nicht, dass 11 der 45 dem Privatrecht gewidmeten Bücher der Digesten und zudem eine Reihe von Titeln aus den anderen Büchern sich mit dem Erbrecht befassen2. Für das mittelalterliche und frühmoderne Europa behauptet Dirk Heirbaut pointiert, das Erbrecht sei der wichtigste Teilbereich des Rechts schlechthin gewesen3. Das lag einmal an der sozialen Bedeutung des Erbrechts, bestimmte, was jemand ererbte, doch in der Regel seine Stellung in der Gesellschaft4. Hinzu kam, dass eine heute kaum vorstellbare Zahl lokaler Gewohnheitsrechte anwendbar waren, deren Inhalt und Anwendungsbereich nicht selten unklar waren. Viele erbitterte Streitigkeiten entstanden deshalb nicht durch einen Mangel, sondern durch einen Überfl uss an Rechtsregeln5. Hinzu kam aber auch, dass das gelehrte Recht in diesem Bereich keinen besonders gut geeigneten intellektuellen Rahmen bereithielt, hatte Justinian doch durch eine Reihe von Reformkonstitutionen das ohnehin bereits komplexe römische Erbrecht mit einer Fülle weiterer Zweifelsfragen belastet6. Schließlich hatte die Kirche das Testament als spirituelles Instrument entdeckt, das dem Testator die Möglichkeit von Verfügungen pro salute animae bot7. Sie hatte deshalb die Zuständigkeit über Testamentsangelegenheiten, teilweise aber auch über weite Bereiche des Erbrechts insgesamt, an sich gezogen und die Entwicklung des Erbrechts ihrerseits geprägt In the history of European private law the law of succession used to play a central role. This is different today. In most modern legal systems, comparatively little scholarly attention is devoted to it; in some of them it is not even a mandatory subject of legal training in the universities. Widely, the law of succession is regarded as static and somewhat boring. In addition, it is taken to be deeply rooted in fundamental cultural values of a society and, therefore, not suitable for comparative study and even less suitable for legal harmonization. The present article challenges these views, as far as the law of testamentary formalities is concerned. It traces the comparative history of the three main types of form requirements: writing in the testator's own hand, reliance on witnesses, and involvement of a court of law or notary. It is argued that the differences between the legal systems found today do not reflect cultural differences and can, indeed, often be regarded as rather accidental; that the comparative study of a large variety of issues concerning testamentary formalities can indeed be meaningful and enlightening; that in a number of legal systems the law relating to testamentary formalities has been changed more often than many parts of the supposedly much more dynamic law of obligations; that the international will constitutes an unhappy compromise between the will-types found in the various national legal systems and that it is, therefore, not surprising that the Washington Convention has been so remarkably unsuccessful. This article is published in this Research Paper Series with the permission of the rights owner, Mohr Siebeck. Full-text Rabel Journal articles are available via pay-per-view or subscription at IngentaConnect, a provider of digital journals on the Internet.
Download or read book Testamentary Forms and Notes on Wills written by George Fox Tucker and published by . This book was released on 1912 with total page 792 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Principles of Equity Trusts written by Graham Virgo and published by Oxford University Press. This book was released on 2018 with total page 735 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'The Principles of Equity and Trusts' brings an engaging contextual approach to the subject. Graham Virgo overcomes the complex issues in the study of trusts and equity with unparalleled clarity, offering a rigorous and insightful commentary on the law and its contemporary contexts.
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 Drafting Wills Trusts and Other Estate Planning Documents written by Kevin D. Millard and published by Bradford Publishing Company. This book was released on 2006 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Wills Trusts and Estates Eleventh Edition written by Robert H. Sitkoff and published by Aspen Publishing. This book was released on 2021-11-01 with total page 1524 pages. Available in PDF, EPUB and Kindle. Book excerpt: Buy a new version of this textbook and receive access to the Connected eBook with Study Center on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks. Widely hailed as one of the best casebooks in legal education, this comprehensive text combines interesting cases, thoughtful analysis, notes, images, and a clear organization for an excellent teaching tool. Cartoons, illustrations, case documents, and photographs provide engaging visual commentary. Sidebars on relevant persons, places, and things provide interesting and sometimes humorous context. A comprehensive Teacher’s Manual provides a complete teaching summary of all materials in the book, and comprehensive PowerPoint slides provide helpful structure for classroom organization. New to the Eleventh Edition: New section on will execution during the COVID-19 pandemic, with attention to reconciling “presence” with social distancing Updated and completely revised section on electronic or digital wills, with attention to the latest cases and statutes Updated to account for the 2021 and 2019 revisions to the Uniform Probate Code that, among other things, eliminated gender-based distinctions and expanded recognition of non-biological parent-child relationships Updated coverage of wealth and income inequality and new material on recent proposals for a wealth tax Updated and completely revised section on trust decanting, with attention to the latest statutory and case law developments Updated and completely revised section on asset protection trusts, with attention to key choice-of-law and fraudulent transfer principles Professors and students will benefit from: Unique blend of wit, erudition, insight, and playfulness retained from the late Jesse Dukeminier Organization that covers all the key topics in a logical and clear format Interesting cases that are not only fun to read, but fun to teach Cases enhanced and connected to broader legal principles by well-written connective text, notes, questions, problems, and sidebars Arresting two-color design Cartoons, illustrations, wills and other case documents, and photographs that provide visual commentary and teaching aids Teaching materials include: Teacher’s Manual that provides a complete teaching summary of all materials in the book PowerPoint slides that provide explanatory diagrams and structure for classroom discussion Transition Guide Sample Exams Sample Estate Planning Documents
