The Law Of Succession Testamentary And Intestate
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The Law Of Succession
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Author : Sir William Searle Holdsworth
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 2004
The Law Of Succession written by Sir William Searle Holdsworth and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Inheritance and succession categories.
Holdsworth, William S., and C.W. Vickers. The Law of Succession, Testamentary and Intestate. Oxford: B.H. Blackwell, 1899. xiv, 311 pp. Reprinted 2004 by the Lawbook Exchange, Ltd. ISBN-13: 978-1-58477-471-6. ISBN-10: 1-58477-471-1. Cloth. $125.* Intended as an introductory treatise for law students, this treatise serves as an excellent introduction and a useful reference. And as one would expect from a book co-written by Holdsworth [1871-1944], it goes beyond the law of his day to analyze its historical development. In addition to a valuable introductory chapter on the history of succession, the authors enrich their discussion in the main text with observations on the ways its principles developed over time in response to particular conditions. Their functionalist view, which owes much to Maitland's example, enabled them to create a sophisticated text that avoids the pitfalls of contemporary formalistic and "scientific" treatises.
The Law Of Succession Testamentary And Intestate
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Author : Sir William Searle Holdsworth
language : en
Publisher: Theclassics.Us
Release Date : 2013-09
The Law Of Succession Testamentary And Intestate written by Sir William Searle Holdsworth and has been published by Theclassics.Us this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09 with categories.
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899 edition. Excerpt: ... II. THE JURISDICTION AND PROCEDURE OF THE CHANCERY DIVISION. The jurisdiction and procedure of the Chancery Division may be treated under the following heads: --(1) Actions for general administration--(a) Begun by writ, (6) Begun by originating summons; (2) Special kinds of relief given chiefly by originating summons; (3) Insolvent estates. It is proposed in the first place to describe, in all its stages, an action for general administration begun by writ. The procedure in such an action is the rule: other forms of procedure are exceptions to or modifications of it. 1. Act1ons For General Adm1n1strat1on. (a) Begun by writ. The proceedings in such actions are divided into three parts: --(i) The proceedings up to judgment; (ii) The proceedings conducted in chambers by the master1, consequential on the judgment; (iii) The proceedings in Court on further consideration. (i) The proceedings up to judgment. Any person interested in the due administration of the estate, e.g. a creditor or a legatee, can bring an action to have the estate administered by the Court. The first step is to issue a writ, claiming this, against the executor or administrator2. The defendant then appears. The plaintiff issues his statement of claim; the defendant issues his defence; the plaintiff replies usually by joining issue on the defence 3. 1 Formerly called Chief Clerks. 2 App. II. A. 3 App. II. B. The evidence is usually given by way of affidavit; but unless the parties agree to do this the evidence is given orally. All witnesses, however, who have made affidavits are liable to be cross-examined upon them. If the evidence is taken by affidavit the plaintiff first files his affidavits; the defendant files his affidavits in reply; and the plaintiff can then file.
The Law Of Succession Testamentary And Intestate Classic Reprint
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Author : Sir William Searle Holdsworth
language : en
Publisher: Forgotten Books
Release Date : 2017-07-16
The Law Of Succession Testamentary And Intestate Classic Reprint written by Sir William Searle Holdsworth and has been published by Forgotten Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-16 with Law categories.
Excerpt from The Law of Succession, Testamentary and Intestate Courts and in the Ecclesiastical Courts as their starting point, and proceeded to develop it on lines all their own. They introduced many new rules into the law itself, and they assumed a jurisdiction which affected both the juris diction of the Common Law Courts and of the Ecclesiastical Courts. The Ecclesiastical Courts have not now, it is true, any jurisdiction in cases of succession; but since 1857 the Court of Probate (now the Probate Divorce and Admiralty Division of the High Court) has taken their place. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Testamentary And Intestate Succession
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Author : Suresh Kumar Sharma
language : en
Publisher: Mittal Publications
Release Date : 1995
Testamentary And Intestate Succession written by Suresh Kumar Sharma and has been published by Mittal Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Hindus categories.
Commentary on Hindu Succession Act, 1956 and Indian Succession Act, 1925; includes texts.
The Law Of Succession
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Author : Miriam Anderson
language : en
Publisher: Editorial CSIC - CSIC Press
Release Date : 2011
The Law Of Succession written by Miriam Anderson and has been published by Editorial CSIC - CSIC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Inheritance and succession categories.
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.
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.
Law Of Intestate And Testamentary Succession
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Author : Paras Diwan
language : en
Publisher:
Release Date : 1991
Law Of Intestate And Testamentary Succession written by Paras Diwan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Inheritance and succession categories.
Comparative Succession Law
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Author : Kenneth Reid
language : en
Publisher: OUP Oxford
Release Date : 2015-08-27
Comparative Succession Law written by Kenneth 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 2015-08-27 with Law categories.
Intestate Succession is the second volume in the Comparative Succession Law series which examines the principles of succession law from a comparative and historical perspective. This volume discusses the rules which apply where a person dies either without leaving a valid will, or leaving a will which fails to dispose of all of the person's assets. Among the questions considered are the following: What is the nature of the rules for the disposal of the deceased's assets? Are they mechanical or is there an element of discretion? Are particular types of property dealt with in particular ways? Is there entitlement to individual assets (as opposed to money)? Do the rules operate in a parentelic system or a system of some other kind? Are spouses treated more favourably than children? What provision is made for extra-marital children, for adopted children, for step-children? Does cohabitation give rise to entitlement? How are same-sex couples treated? Broader questions also arise of a historical and comparative nature. Where, for example, do the rules in intestate succession come from in particular legal systems? Have they been influenced by the rules in other countries? How are the rules explained and how are they justified? To what extent have they changed over time? What are the long-term trends? And finally, are the rules satisfactory, and is there pressure for their reform? As in the first volume, this book will focus on Europe and on countries which have been influenced by the European experience such as Australia, New Zealand, South Africa, the United States of America, Quebec, and the countries of Latin America. Further chapters are devoted to Islamic Law and Nordic law. Opening with a discussion on Roman law and concluding with an assessment of the overall development of the law in the countries surveyed, this book will provide a wider reflection on the nature and purpose of the law of intestate succession.
Report Of The Commission On The Law Of Succession
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Author : Kenya. Commission on the Law of Succession
language : en
Publisher:
Release Date : 1968
Report Of The Commission On The Law Of Succession written by Kenya. Commission on the Law of Succession and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1968 with Inheritance and succession categories.
Intestate Succession
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Author : Kenneth G. C. Reid
language : en
Publisher:
Release Date : 2015
Intestate Succession written by Kenneth G. C. Reid and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
Intestate Succession is the second volume in the Comparative Succession Law series which examines the principles of succession law from a comparative and historical perspective. This volume discusses the rules which apply where a person dies either without leaving a valid will, or leaving a will which fails to dispose of all of the person's assets. Among the questions considered are the following: What is the nature of the rules for the disposal of the deceased's assets? Are they mechanical or is there an element of discretion? Are particular types of property dealt with in particular ways? Is there entitlement to individual assets (as opposed to money)? Do the rules operate in a parentelic system or a system of some other kind? Are spouses treated more favourably than children? What provision is made for extra-marital children, for adopted children, for step-children? Does cohabitation give rise to entitlement? How are same-sex couples treated? Broader questions also arise of a historical and comparative nature. Where, for example, do the rules in intestate succession come from in particular legal systems? Have they been influenced by the rules in other countries? How are the rules explained and how are they justified? To what extent have they changed over time? What are the long-term trends? And finally, are the rules satisfactory, and is there pressure for their reform? As in the first volume, this book will focus on Europe and on countries which have been influenced by the European experience such as Australia, New Zealand, South Africa, the United States of America, Quebec, and the countries of Latin America. Further chapters are devoted to Islamic Law and Nordic law. Opening with a discussion on Roman law and concluding with an assessment of the overall development of the law in the countries surveyed, this book will provide a wider reflection on the nature and purpose of the law of intestate succession.