This new edition has been extended to include chapters on the Czech Republic, Gibraltar, Indonesia, Luxembourg, and the Phillipines, making this the most comprehensive analysis of succession laws available. Each country analysis is based on a similar set of questions to ensure that all issues are tackled for every jurisdiction and to enable the reader to make easy comparisons between the countries included. The questionnaire has been updated to include a new section on challenges to an administrator's decision, and extends the section on inheritance orders to address the interaction of trusts and forced heirship. The book also considers the law at regional level in the European Union explaining the effect of recent EU legislation with regard to harmonization, and considering the impact of the European Succession Regulation post-implementation. Now covering 56 jurisdictions, this work is an invaluable reference source for those advising on matters of international succession, especially in cases where there are cross-border elements.

How to regulate the transfer of wealth from one generation to the next has been hotly debated among politicians, legal scholars, sociologists, economists, and philosophers for centuries. Bequeathing wealth is a vital ingredient of family solidarity. But does the reproduction of social inequality through inheritance square with the principle of equal opportunity? Does democracy suffer when family wealth becomes political power?

The first in-depth, comparative study of the development of inheritance law in the United States, France, and Germany, "Inherited Wealth" investigates longstanding political and intellectual debates over inheritance laws and explains why these laws still differ so greatly among these countries. Using a sociological perspective, Jens Beckert sheds light on the four most controversial issues in inheritance law during the past two centuries: the freedom to dispose of one's property as one wishes, the rights of family members to the wealth bequeathed, the dissolution of entails (which restrict inheritance to specific classes of heirs), and estate taxation. Beckert shows that while the United States, France, and Germany have all long defended inheritance rights based on the notion of individual property rights, they have justified limitations on inheritance rights in profoundly different ways, reflecting culturally specific ways of understanding the problems of inherited wealth.

We all hope that we will be cared for as we age. But the details of that care, for caretaker and recipient alike, raise some of life s most vexing questions. From the mid-nineteenth to the mid-twentieth century, as an explosive economy and shifting social opportunities drew the young away from home, the elderly used promises of inheritance to keep children at their side. Hendrik Hartog tells the riveting, heartbreaking stories of how families fought over the work of care and its compensation.

"Someday All This Will Be Yours" narrates the legal and emotional strategies mobilized by older people, and explores the ambivalences of family members as they struggled with expectations of love and duty. Court cases offer an extraordinary glimpse of the mundane, painful, and intimate predicaments of family life. They reveal what it meant to be old without the pensions, Social Security, and nursing homes that now do much of the work of serving the elderly. From demented grandparents to fickle fathers, from litigious sons to grateful daughters, Hartog guides us into a world of disputed promises and broken hearts, and helps us feel the terrible tangle of love and commitments and money.

From one of the bedrocks of the human condition the tension between the infirmities of the elderly and the longings of the young emerges a pioneering work of exploration into the darker recesses of family life. Ultimately, Hartog forces us to reflect on what we owe and are owed as members of a family.

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.

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.

The use of international trusts continues to expand, and practitioners increasingly need to be aware of cross-border considerations. This title provides a concise and practical overview of the key aspects of law and practice in all the key jurisdictions offering trusts.
Private and commercial trusts are established under the law of an increasing number of jurisdictions, which are competing to attract trust business, and these laws are often dissimilar. As international trusts mature, established trust jurisdictions are changing their laws to comply with the legal demands and standards imposed by international agencies, as well as to meet the legitimate expectations of the institutional investor. The courts of international centers are also developing their own jurisprudence. In addition, jurisdictions new to trusts are introducing trusts in the vehicles which they offer investors, and legislation from these new trust centers is opening up new routes for international investment and tax mitigation.
This book provides a comprehensive treatment of the subject, covering all the key on-shore and off-shore jurisdictions that practitioners typically encounter. It offers a very practical overview of the subject using a questionnaire format for each country, avoiding academic material, and giving concise answers to the sorts of frequently asked questions that arise in trust law and practice. The questionnaire covers a full range of subjects such as the mechanics of trusts, issues such as anti-money laundering laws and conflicts of laws, shams, protectors, and forced heirship as well as the different types of trusts used in a jurisdiction.
Formerly an annual special issue in the journal Trusts & Trustees, this title has been improved and extended with a reworked questionnaire, new countries and contributors, and a new editor, Charles Gothard.

Die Untersuchung befasst sich mit dem sehr praxisrelevanten Schnittstellenbereich: die Stellung des Minderjahrigen im Erbrecht. Im Rahmen der Untersuchung konkretisiert die Autorin zunachst den Begriff des "lediglich rechtlichen Vorteils" ( 107 BGB) und ubertragt ihn auf die Vermachtnisannahme und -ausschlagung. Ist der Vermachtnisnehmer zugleich pflichtteilberechtigt, setzt der Erbe ihm eine Frist zur Erklarung uber die Annahme und lasst der Vermachtnisnehmer die Frist verstreichen, gilt das Vermachtnis als ausgeschlagen ( 2307 Abs. 2 BGB): Hier stellt sich die Frage, wie der Minderjahrigenschutz verwirklicht werden kann. Im Hinblick auf die gesetzliche Vertretung wird bei der Erfullung von Vermachtnissen das Selbstkontrahierungsverbot relevant und die Autorin hinterfragt die weiteren Schutzmechanismen der Erganzungspflegschaft und familiengerichtlichen Genehmigung.

This third edition is aimed to serve as a reference work not only for law students (from the start of law school up to final exams) but also legal trainees as well as legal practitioners. It presents the fundamentals as well as specialized topics of the law of succession. Legislation enacted since the previous edition was taken into consideration according to its educational relevance. Based on its connection to the ongoing and heated debate on euthanasia, the topic of "patient testaments" was thoroughly revised. The planned legal amendments, which will especially affect the law pertaining to compulsory portion, were also taken into consideration. A new chapter presents the issues surrounding a person's ability to inherit, whose birth is a result of artificial insemination.

This book offers practical guidance to lawyers and other professionals advising clients on property transactions and related matters in France including: buying, selling, and mortgaging land; the ownership of flats and leases; and the establishment of companies to own land. It covers all aspects of French inheritance law and provides lawyers qualified outside of France with practical advice on the administration of estates. A glossary and relevant legal precedents are also included.

This highly acclaimed textbook combines the principles of the law of trusts with an explanation of the various and more complicated parts of the law. Renowned for its clarity, this new edition of Riddall: The Law of Trusts presents a full account of all major developments since the last edition, notably the Trustee Delegation Act 1999 and Trustee Act 2000. The impact of the Trustee Act 2000 is reflected in the changes to many chapters, in particular to those that deal with investment, the duties of trustees, trustees' remuneration, and the power to appoint agents.

Few families are able to pass along their wealth successfully to the next generation. The barriers to keeping money in the family are much more formidable than the barriers to making money in the first place. Why should this be? What pitfalls are most common? How can families and their advisers increase the odds of a successful intergenerational transfer of wealth? How can they preserve the family's human and intellectual capital?
Judy Martel, CFP(R), provides insightful answers to these questions and dozens more in this richly detailed book. "The Dilemmas of Family Wealth" takes a fresh look at the communications barriers, misunderstandings, and generational conflicts that can pull families apart and scatter their wealth in far less time than it took to build it. Martel identifies the dilemmas that families are likely to face and offers wise counsel for overcoming the challenges they pose. Her book includes advice and perspectives from top experts in the field and frank first-person experiences related by family members with whom they have worked.

Presented and written in a friendly and engaging style, Dr Brian Sloan continues to update Borkowski's classic textbook which is perfectly pitched for today's undergraduate students. Considerable attention is given to the area's rich and evolving case-law, illustrating the relevance of the law to modern life; the central issues and academic debates surrounding inheritance are discussed fully. New to this edition chapter nine, Family provision, has been restructured to include Ilott v The Blue Cross and subsequent case law, an expanded section on inheritance tax and more diagrams on key concepts and processes, all presented in a clear design to aid understanding and ease navigation. igital formats and resources The fourth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks - Borkowski's Law of Succession is accompanied by online resources featuring a bank of useful and relevant web links, post-publication updated to the law and a range of companion multiple choice questions on the key areas of succession law.