Testamentary Formalities
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Testamentary Formalities
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Author : Kenneth G. C. Reid
language : en
Publisher: Comparative Succession Law
Release Date : 2011
Testamentary Formalities written by Kenneth G. C. Reid and has been published by Comparative Succession Law this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Law categories.
Launching a major new research project examining the principles of succession law in comparative perspective, this volume analyses the formalities imposed by the law on making a will across a wide range of European and international jurisdictions.
Comparative Succession Law
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Author : Kenneth G C Reid
language : en
Publisher: OUP Oxford
Release Date : 2011-10-06
Comparative Succession Law written by Kenneth G C Reid and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-10-06 with Law categories.
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.
Wills
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Author : Alberta Law Reform Institute
language : en
Publisher:
Release Date : 1999
Wills written by Alberta Law Reform Institute and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with categories.
Wills Formalities Versus Testator S Intention
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Author : Mariusz Zalucki
language : en
Publisher:
Release Date : 2021-06-16
Wills Formalities Versus Testator S Intention written by Mariusz Zalucki and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-16 with Inheritance and succession categories.
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.
Wills Formalities Versus Testator S Intention
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Author : Mariusz Załucki
language : en
Publisher:
Release Date : 2021
Wills Formalities Versus Testator S Intention written by Mariusz Załucki and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Electronic books categories.
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.
Trusts Law
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Author : Graham Moffat
language : en
Publisher: Cambridge University Press
Release Date : 2005-09-29
Trusts Law written by Graham Moffat and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-09-29 with Law categories.
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.
Comparative Succession Law
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Author : Kenneth G C Reid
language : en
Publisher: Oxford University Press
Release Date : 2020-10-09
Comparative Succession Law written by Kenneth G C Reid and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-09 with Law categories.
This third volume in a series on Comparative Succession Law concerns the entitlement of family members to override the provisions of a deceased person's will to obtain money or assets (or more money or assets) from the person's estate. Some countries, notably those in the civil law tradition (such as France or Germany), confer a pre-ordained share of the deceased's estate or of its value on certain members of the deceased's family, and especially on the deceased's children and spouse. Other countries, notably those in the common law tradition (such as England, Canada, or Australia), leave the matter to the discretion of the court, the amount awarded depending primarily on financial need. Whichever form it takes, mandatory family provision is both a protection against disinheritance and also, therefore, a restriction on testamentary freedom. The volume focuses on Europe and on countries influenced by the European experience. In addition to detailed treatment of the law in Austria, England and Wales, France, Germany, Hungary, Italy, the Netherlands, Norway, Poland, Scotland, and Spain, the book also has chapters on Australia and New Zealand, South Africa, the United States, Canada, the countries of Latin America, and the People's Republic of China. Some other countries are covered more briefly, and there is a separate chapter on Islamic law. The book opens with accounts of Roman law and of the law in medieval and early-modern Europe, and it concludes with a comparative assessment of the law as it is today in the countries and legal traditions surveyed in this volume.
Testamentary Capacity Undue Influence And Validity Of Wills
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Author : Elena Marty-Nelson
language : en
Publisher:
Release Date :
Testamentary Capacity Undue Influence And Validity Of Wills written by Elena Marty-Nelson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on with Executors and administrators categories.
...addresses the requirements for the execution of a valid will, a critical element in the implementation of a successful estate plan. If a will is to be recognized as valid, it must comply with the formalities of execution under state law and the testator must have the necessary testamentary intent. The Detailed Analysis discusses the formalities of execution in depth, since the validity of a will depends upon adherence to the requirements of the jurisdiction in which the will is executed as well as that in which it is ultimately probated.
The Law Of Inheritance Administration Of Deceased Estates In Malawi
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Author : Lewis Chezan Bande
language : en
Publisher: African Sun Media
Release Date : 2021-06-11
The Law Of Inheritance Administration Of Deceased Estates In Malawi written by Lewis Chezan Bande and has been published by African Sun Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-11 with Law categories.
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.
Wills Trusts And Estates
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Author : Gerry W. Beyer
language : en
Publisher: Aspen Publishers
Release Date : 1999
Wills Trusts And Estates written by Gerry W. Beyer and has been published by Aspen Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Business & Economics categories.
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