Yvonne Pitts explores inheritance practices by focusing on nineteenth-century testamentary capacity trials in Kentucky in which disinherited family members challenged relatives' wills. These disappointed heirs claimed that their departed relative lacked the capacity required to write a valid will. These inheritance disputes crisscrossed a variety of legal and cultural terrains, including ordinary people's understandings of what constituted insanity and justice, medical experts' attempts to infuse law with science, and the independence claims of women. Pitts uncovers the contradictions in the body of law that explicitly protected free will while simultaneously reinforcing the primacy of blood in mediating claims to inherited property. By anchoring the study in local communities and the texts of elite jurists, Pitts demonstrates that capacity was a term laden with legal meaning and competing communal values about family, race relations, and rationality. These concepts evolved as Kentucky's legal culture mutated as the state transitioned from a conflicted border state with slaves to a developing free-labor, industrializing economy.

An honorary professor of Sanskrit and Hindu law at Fort William College in Calcutta, and a key figure in the foundation of the Royal Asiatic Society, Henry Thomas Colebrooke (1765-1837) became Britain's foremost orientalist during the early nineteenth century. Taking up the reins of Sanskrit scholarship following the death of Sir William Jones (1746-94), Colebrooke made several substantial contributions to Indic study. Through seminal publications such as a grammar of Sanskrit and an extended article on the Vedas, he provided unprecedented access to one of the world's oldest languages and some of its oldest texts. Published in 1801, this three-volume translation of Brahman law was based on a Sanskrit compilation prepared by a pandit, Jagannatha Tercapanchanana, whose learned commentary is also featured in the work. Volume 1 elucidates Hindu jurisprudence on monetary issues, covering contracts, loans and deposits.

An honorary professor of Sanskrit and Hindu law at Fort William College in Calcutta, and a key figure in the foundation of the Royal Asiatic Society, Henry Thomas Colebrooke (1765-1837) became Britain's foremost orientalist during the early nineteenth century. Taking up the reins of Sanskrit scholarship following the death of Sir William Jones (1746-94), Colebrooke made several substantial contributions to Indic study. Through seminal publications such as a grammar of Sanskrit and an extended article on the Vedas, he provided unprecedented access to one of the world's oldest languages and some of its oldest texts. Published in 1801, this three-volume translation of Brahman law was based on a Sanskrit compilation prepared by a pandit, Jagannatha Tercapanchanana, whose learned commentary is also featured in the work. Volume 2 expounds the legal issues concerning slavery, marriage and inheritance rights.

An honorary professor of Sanskrit and Hindu law at Fort William College in Calcutta, and a key figure in the foundation of the Royal Asiatic Society, Henry Thomas Colebrooke (1765-1837) became Britain's foremost orientalist during the early nineteenth century. Taking up the reins of Sanskrit scholarship following the death of Sir William Jones (1746-94), Colebrooke made several substantial contributions to Indic study. Through seminal publications such as a grammar of Sanskrit and an extended article on the Vedas, he provided unprecedented access to one of the world's oldest languages and some of its oldest texts. Published in 1801, this three-volume translation of Brahman law was based on a Sanskrit compilation prepared by a pandit, Jagannatha Tercapanchanana, whose learned commentary is also featured in the work. Volume 3 continues with inheritance law, covering adoption (of sons) and bequeathal rights relating to daughters.

The fourth edition of A Practitioner's Guide to Probate and the Administration of Estates is a practical and comprehensive guide to all forms of non-contentious probate applications, completion of Inheritance Tax Accounts and the administration of estates. The book is packed with hints and tips and an accompanying CD-ROM contains a comprehensive set of precedent forms, enabling practitioners to adapt precedents for their own use. The authors provide careful explanations of every step in the procedure for winding up the estate of a deceased person, from taking initial instructions to the final distribution of the estate and closing the file. The book opens with advice on meeting the client and taking proper instructions; moving on to tracking down the assets and liabilities which comprise the estate; completing inheritance tax forms and obtaining any available reliefs and allowances; questions concerning wills and intestacies; applying to the probate registries; discretionary orders; obtaining grants of representation; collecting in the paying debts and liabilities; identifying the beneficiaries and paying the legacies; finalising the tax situation; and distributing the residue of the estate. This new edition has been completely revised with practice and procedure brought up-to-date,

The latest edition of this key title sees Tolley live up to its reputation as the authority on tax matters. It contains all the information required to achieve the most cost-effective, convenient and effective estate planning. The esteemed editorial board help you formulate strategies for the provision, holding and devolution of personal and family resources. Clear subject headings and straightforward explanations of routine and complex topics make for fast, effective research. Following the tax planning series' straightforward and easy-to-read style with clear headings, this guide includes worked examples, tables and a comprehensive index. A practical step-by-step case study illustrates the benefits of careful planning and incorporates many points discussed throughout the book.

This book explains how to write a simple will, and how to deal with the affairs of someone who has died. This new edition is completely revised and updated, and is written in plain language by an author who has many years' experience in the probate registries. It explains when you can do things yourself and when you need a solicitor. The subjects covered include: * Making your will: why do it; how to do it; appointing executors, the different gifts that can be made; how to make sure the will is valid and will be put into effect. * Who may apply for probate: how to work out who, of the relatives and friends left behind, is the one to sort out a deceased person's affairs. Who inherits if there is no will? * The estate: making sure that all the property and debts are found . * Inheritance Tax: working out if tax has to be paid, how much, and the arrangements for paying it. * Going to court: the procedure for visiting the probate registry to finalise paperwork when this is requested by you and, when not, the procedure for swearing oaths before solicitors. * Administering the estate: collecting together the property; paying the debts, distributing the inheritances.

Muslim law and rules for dealing with the distribution of a dead person's property differ greatly from western law. The system of Muslim law, the SharVa, is derived from the Qur'an and the words of the Prophet himself, and is therefore believed to be of divine inspiration, and not man-made. A variety of schools of law have grown up which interpret the Prophet's sayings, and the practical effect of these different rules of interpretation varies considerably. Recent codifications have not necessarily remained within the classical Muslim legal traditions, and have introduced further differences. With western law it is assumed that a man will make a will, and, broadly speaking, his property will be distributed in accordance with its provisions. It is only in the event of a man dying without making a will that the rules of intestacy are applied. Muslim law makes the opposite assumption.

While the length and contents of these abstracts vary, most of them provide the name of the testator, date of the will, names and relationships of all heirs to the estate (sometimes with ages given or inferred), contents of the estate, names of executors, and, usually, the date of probate.

Brokering shares the spiritual gifts and intimate memories from his life he wishes to pass on. Almost everyone has a Last Will and Testament that describes what will become of their property but few people have thought about the spiritual gifts they'd like to leave behind. This work describes the knowledge Brokering has received from the people, places and events of his life. It inspires readers to reflect on what they would wish to leave their loved ones. Each chapter includes a Bible passage for reflection. "I will you the wind, the prairie wind I have loved. I will you the high wind I can still feel in the tug of the kite string, a wind dancing in the sky above" - excerpt from chapter one. It is written by a bestselling author.

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.

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.

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.

The seventh edition of Wills, Probate and Estates has been written to provide trainee solicitors with a clear and thorough understanding of current best practice in the area of wills, trusts, probate, and the administration of estates. The manual takes into account all recent changes in legislation. The book outlines the basic elements of a will, familiarising trainees with the common law and statutory background, and enabling them to draft wills and simple trusts in accordance with statute and their clients' informed instructions. It then outlines how to obtain the necessary grant of representation on the death of a client, either with or without a will, and how to administer such an estate, taking into account the various obligations on the personal representative. Wills, Probate and Estates provides succinct and practical advice, provided by solicitors for solicitors, tackling questions of practice and procedure that are of central importance not only for students on the Professional Practice Course, but also to practitioners who deal with any area of wills, trusts, probate, or the administration of estates.

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.

Capital Taxation for Solicitors offers succinct and practical advice to trainee solicitors, enabling them to gain a thorough understanding of the main capital taxes as they arise in general probate and conveyancing practice. In relation to probate, it provides a detailed explanation of capital acquisitions tax and discretionary trust tax, and goes on to deal with estate planning and tax-efficient administration of the estate and any trusts arising. In relation to conveyancing, it gives a thorough explanation of capital gains tax and stamp duty as they relate to conveyances of residential properties. This second edition is updated to include references to the Finance (No. 3) Act, 2011. Providing the legislative background and numerous practical examples of how the taxes are calculated, the manual will be of use not only to students on the Professional Practice Course, but also to practitioners who deal with any of these areas. Online Resource Centre Changes and developments in the area will be covered by regular updates to the Online Resource Centre.

The longest running law revision series, trusted by students for over 30 years, Nutshells present the essentials of law clearly and concisely in a memorable and user friendly way. The ideal companionboth for getting up to speed with a new topic of law and preparing for law exams. This is the law in a nutshell!

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.