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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law > Wills & probate
The book introduces students to the general principles of the law
of succession in South Africa, integrating the common law,
statutory law, constitutional perspectives, and the related
customary law principles. It addresses the Civil Union Act 17 of
2006, and the Reform of Customary Law of Succession and Regulation
of Related Matters Act 11 of 2009 and other legal developments.
Scott on Cession: A Treatise on the Law in South Africa is a
comprehensive exposition of the law of cession. Scott incorporates
aspects of her doctoral thesis (1977), her previous book on
cession, The Law of Cession, (1991) and her articles on cession
that have been published in law journals. The book focuses on case
law, but case law as a source of law in this branch of the law
poses particular problems: some of the earlier decisions, and even
recent ones, are based on Roman-Dutch law, which no longer
completely satisfies current modern needs. To explain certain
idiosyncrasies in the case law, Scott refers to the historical
development of cession as a legal institution. The book also
provides extensive commentary on certain problematic aspects of
cession, using comparable legal systems, and incorporates the
dogmatic foundations of the law of cession.
This is the fifth edition of the book that has appeared for the
first time in 1992 as a relatively concise text, primarily aimed at
students in the law of succession. In its successive editions the
book has evolved into a more general source on the South African
law of succession. Through its approach, presentation and
systematic method the work remains ideal for use as a textbook in
courses in the law of succession. The fifth edition again strives
to provide the reader with a comprehensive overview of the
different facets of the law of succession, in the light of recent
developments that have affected this branch of the law.
This book comprehensively, yet succinctly, covers the use and
administration of trusts in South Africa. It also serves as a
useful reference to more detailed texts on the subject as well as
to case law. Whilst the Trust Property Control Act 57 of 1988 sets
out the minimum requirements when it comes to the formation and
administration of trusts, other statutes (including the Income Tax
Act, the Estate Duty Act, and the Alienation of Land Act) also have
a direct bearing on how trusts are formed, administered, amended
and terminated. Moreover, the common law has been a major factor in
the development of trust law in South Africa. This book therefore
not only deals with the legislation that is relevant to trusts, but
it highlights and discusses the case law which has been an
essential part of the development of the law of trusts.
There is no room for error in the drafting of Wills because when a
Will comes into effect the testator is not present to revise,
amend, interpret or give instructions as to his intentions. This
places a special onus on the drafter to be linguistically precise
and technically correct. Failure to adhere to the minutiae of the
technicalities and legalities have led to many a family dispute,
costly litigation, and delays in the winding up of estates, causing
both emotional and financial hardship to the family of the
deceased. This practical guide, written by a specialist in the
drafting of wills, covers all the processes, considerations and
technicalities involved in correct and sound drafting of wills,
covering details that are vital to good testamentary practice. It
is essential reading and reference for all professionals involved
in the drafting of wills and in the administration of deceased
estates, including lawyers, accountants, tax advisers, bankers,
insurers, and testators themselves. The book is based on the latest
developments in the law and recent judgments pertaining to Wills.
As both a practitioner and lecturer in the field of deceased
estates, Ceris Field brings a wealth of knowledge and experience to
the subject of drafting of Wills.
South African Law of Succession and Trusts: The Past Meeting the
Present and Thoughts for the Future comprises papers that were
presented at a conference held in September 2012 at the University
of Cape Town. The conference participants examined the considerable
developments that have occurred in the areas of succession and
trusts. The book contains an interesting array of contributions
that deal with aspects of `mainstream' succession and trust law. In
addition, in keeping with the constitutional recognition of African
customary law and different systems of personal law, several
contributions deal with the relevance of African customary law and
religious law in contemporary South Africa, as well as with the
harmonisation of divergent legal systems.
This work is the undisputed authority in its field. In the two
decades since it was first published in 1980, two supplements were
produced to update the contents. The long-awaited second edition
incorporates the important legislation relating to wills and
intestate succession enacted over the last twenty years, and takes
note of significant judgments and new literature on the subject. It
reflects the law as at 1 June 2001. Authored by a former Chief
Justice of South Africa, a practising senior counsel and an eminent
academic, The Law of Succession in South Africa draws on an
unusually wide range of legal experiences. It should form part of
every law library. Indispensable work of reference. Comprehensive
discussion of all aspects of the law of succession. Includes
chapters on litigation in succession matters. Deals with the
conflict of laws.
With cross-border successions becoming increasingly common in the
context of the European Union, this timely book offers a systematic
practical analysis of how cross-border successions should be
treated, including examination of which courts may establish
jurisdiction over succession disputes and which law governs such
disputes. Key Features: Practical analysis of the provisions of the
EU Succession Regulation Consideration of issues at the
intersection between cross-border successions and taxation Analysis
of the specificities of the European Certificate of Succession and
its interface with national laws Study of cross-border successions
in the context of both estate planning and the opening and
liquidation of a succession Contextualization of the EU Succession
Regulation in the framework of the national law and practice of
several EU Member States A comprehensive study of EU cross-border
succession law with global reach, this book is an invaluable source
of reference and guidance for practitioners specialising in estate
planning, family law and property law, including judges, notaries,
tax specialists and lawyers. Scholars of European succession law
and conflict of laws will also find this book's critical analysis
an instrumental tool in their research.
Readers say it best: "Very informative." "Saved me a lot of money
and headaches!" "Recommend it for everyone who has to plan estates
for their elderly parents" Living Trusts for Everyone is the best
resource for setting up a living trust. Explaining in specific
terms what benefits a trust will have, Ronald Farrington Sharp
gives the tools necessary to set up a loved one's trust with no
lawyers and no expense. Wills benefit lawyers. Trusts benefit the
clients. Too often lawyers sell wills to clients only to sit back
and wait to sell their probate services to their clients' heirs.
Ronald Farrington Sharp describes the best way to handle modern
estate planning and details the many advantages trusts have over
wills in not only eliminating probate but in also protecting your
assets for your heirs. Sharp explains why legal services are not
needed to do the clerical work in settling a trust after death.
This updated edition includes new information on an array of
subjects, including: Elimination of the federal estate tax for most
estates due to increased exemption amounts Online assets The use of
passwords, usernames, and websites Keeping trustees honest and the
process of removing trustees for malfeasance Forms for simplifying
the planning process Strategies to lower attorneys' fees With no
legal jargon, just step-by-step instructions and sample form
letters, Living Trusts for Everyone takes the mystery out of the
process of setting up a trust.
"An invaluable tool to help you collect the information your
attorney needs." --Michael Cragun, Utah State Tax Commissioner An
Accessible Guide to Estate Planning With Estate Planning (in Plain
English)(R), readers will learn to comprehend the legal jargon and
navigate the complex rules involved in preparing one's estate. The
authors provide clear information and cite actual cases to help
readers approach the process with the confidence and knowledge they
need to make the best decisions for their heirs. Chapters discuss
important topics such as: Estate plans, wills, and a variety of
trusts Guardians, powers of attorney, advance directives, and other
essential documents Life insurance Digital assets Gifts Tax
considerations Avoiding probate Identifying and caring for estate
property Settling business assets Finding a lawyer An invaluable
reference for those preparing their estates and for their families,
Estate Planning (in Plain English)(R)will enable readers to take
the necessary steps to preserve their legacies.
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).
In every Western democracy today, inheritances have a very profound
influence on people's lives. This motivates renewed scholarship on
inheritance law by philosophy and the legal sciences. The present
volume aims to contribute to some ongoing areas of inquiry while
also filling some gaps in research. It is organized in a highly
interdisciplinary way. In the thirteen chapters of the book,
written by outstanding philosophers and legal scholars, the
following questions, among others, are discussed: What is the
nature of the right to bequeath? What are the social functions of
bequest and inheritance? What arguments concerning justice have
philosophers and legal scholars advanced in favour or against
practices of bequest and inheritance? How should we think about
taxing the wealth transfers that occur in bequest and inheritance?
In discussing these questions, the authors break new ground and
offer much needed insight into several related domains, such as the
philosophy of law; legal theory; general and applied ethics; social
and political philosophy; theories of justice; and the history of
legal, political, and economic thought. This book will be of great
interest to scholars in these areas as well as policy-makers.
The fate of the dead is a compelling and emotive subject, which
also raises increasingly complex legal questions. This book focuses
on the substantive laws around disposal of the recently deceased
and associated issues around their post-mortem fate. It looks
primarily at the laws in England and Wales but also offers a
comparative approach, drawing heavily on material from other common
law jurisdictions including Australia, New Zealand, Canada and the
United States. The book provides an in-depth, contextual and
comparative analysis of the substantive laws and policy issues
around corpse disposal, exhumation and the posthumous treatment of
the dead, including commemoration. Topics covered include: the
legal frameworks around burial, cremation and other disposal
methods; the hierarchy of persons who have a legal duty to dispose
of the dead and who are entitled to possession of the deceased's
remains; offences against the dead; family burial disputes, and the
legal status of burial instructions; the posthumous use of donated
bodily material; and the rules around disinterment, and creating an
appropriate memorial. A key theme of the book will be to look at
the manner in which conflicts involving the dead are becoming
increasingly common in secular, multi-cultural societies where the
traditional nuclear family model is no longer the norm, and how
such legal contests are resolved by courts. As the first
comprehensive survey of the laws in this area for decades, this
book will be of use to academics, lawyers and judges adjudicating
on issues around the fate of the dead, as well as the death
industry and funeral service providers.
Ninety-three per cent of people who have made a will in the UK have
not included any provision for their digital assets when they die.
It is therefore vital that all practitioners involved in drafting
wills and estate planning discuss with their clients what will
happen to their digital estate on their death. This book explains
the practical and legal aspects of planning for and administering a
digital estate: * what constitutes a digital asset; * digital
assets and the law; * how to consider digital assets when drafting
wills; * dealing with digital assets after death; * the
digitisation of wills and will signing; and * financial abuse and
digital assets. The book provides guidance and precedents for
dealing with digital assets when drafting wills and also covers
issues such as the risks for solicitors, data security, access
rights and valuing digital assets. A template for a digital assets
inventory is also included.
Donations, Inheritance and Property in the Nordic and Western World
from Late Antiquity until Today presents an examination of Nordic
donation and gift-giving practices in the Nordic and Western world,
beginning in late Antiquity and extending through to the present
day. Through chapters contributed by leading international
researchers, this book explores the changing legal, social and
religious frameworks that shape how donations and gifts are given.
In addition to donations to ecclesiastical, charitable and cultural
institutions, this books also highlights the sociolegal challenges
and the tensions that can occur as a result of transferring
property, including answering key questions such as who has a right
to what. It also presents, for the first time, an insight into the
dynamics of donations and the interplay between individual
motivations, strategic behaviour and the legal setting of
inheritance law. Offering a broad chronological and European
perspective and including a wide range of illuminating case studies
Donations, Inheritance and Property in the Nordic and Western World
from Late Antiquity until Today is ideal for students of Nordic and
European legal and social history.
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.
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