Wills Formalities Versus Testator S Intention
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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.
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 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
Succession Wills And Probate
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Author : Caroline Sawyer
language : en
Publisher: Routledge
Release Date : 2015-05-15
Succession Wills And Probate written by Caroline Sawyer and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-15 with Law categories.
Succession, Wills and Probate is an ideal textbook for those taking an undergraduate course in this surprisingly vibrant subject, and also provides a clear and comprehensive introduction for professionals. Against an account of the main social and political themes of succession law, the book gives detailed explanations of core topics such as alternatives to wills and the making, altering and revocation of wills. It also explains personal representatives and how they should deal with a deceased person's estate and interpret and implement the will. Gifts may fail, estates may be insolvent or a person may die intestate, without a will at all. Increasingly relatives and others seek to challenge the will, for example on the grounds of the testator's capacity or under the law of family provision. This third edition is edited, updated and revised to take account of new legislation and case law across all the relevant issues, including a new final chapter dealing with the potentially contentious issues that are becoming more central to professional work in the field of succession.
Family And Succession Law In Nigeria
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Author : Nwudego Nkemakonam Chinwuba
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2022-11-20
Family And Succession Law In Nigeria written by Nwudego Nkemakonam Chinwuba and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-20 with Law categories.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in Nigeria covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with Nigeria. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.
Succession Law
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Author : Christopher Lehane
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-03-28
Succession Law written by Christopher Lehane and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-03-28 with Law categories.
Succession law is the law governing the devolution of property on the death of its owner. This new book provides peerless analysis of this branch of law with extensive cross-referencing to related issues such as tax, conveyancing, family law, enduring powers of attorney, limitation of actions, estate accounts, private international law and trusts. It provides the reader with in-depth coverage of key Irish judgments, statutes, court rule provisions and Court and Probate Officer practice directions. The coverage is supplemented with Court Rule prescribed forms and many non-prescribed drafted forms, titles to grants of representation and checklists, which all readers will find invaluable aids to understanding and applying succession law in practice. This highly practical book includes a chapter on will drafting and estate planning and provides 10 precedent templates covering most testator requirements: Precedent 1: All to spouse, and should spouse not survive testator by 30 days, all to two children, as substituted residuary legatees and devisees – where child predeceases, gift over to any children of predeceased child alive at date of death of deceased Precedent 2: Residue to children equally, who are minors at date of execution of will Precedent 3: Article 22 EU Succession Regulation choice of law clause, professional executor charging clause and various devises and bequests Precedent 4: Joint devise and various attestation clauses depending on disability of Testator Precedent 5: Demonstrative and charitable legacies and life and remainder interests Precedent 6: Will leaving legal right share to spouse with life estate of residue to spouse and special power of appointment amongst children of testator Precedent 7: Wills - one dealing with estate of the testator in the State only and the other dealing with his estate outside the State Precedent 8: Precedent Codicils Precedent 9: Trust Precedent 10: Discretionary Trust The book's appendices, too, contain a wealth of practical information such as: * Draft precedent titles for grants of representation. *Template proceedings, wills, forms and letters. *Practitioner, testator and legal personal representative checklists. *Unique genealogical kinship tracing diagram and table. *Probate system process maps. * Superior Court, Land Registry and Registry of Deed Rules and forms. * Non-prescribed Forms. * Sample High Court contentious probate summonses. * Law Society guidelines for solicitors drafting wills and dealing with vulnerable clients. * Practitioner guidance on costs. This title is included in Bloomsbury Professional's Irish Wills and Probate online service.
Encyclopedia Of Law And Society
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Author : David S. Clark
language : en
Publisher: SAGE
Release Date : 2007-07-10
Encyclopedia Of Law And Society written by David S. Clark and has been published by SAGE this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-07-10 with Social Science categories.
Introduction to and survey of the field of law and society. Includes interdisciplinary perspectives on law from sociology, criminology, cultural anthropology, political science, social psychology, and economics.