This new edition of 'Wills: A Practical Guide' explains what is involved in making a will, with particular reference to avoiding those issues which often given rise to litigation. The book contains a concise description of the content of a will and the mechanics of signing and witnessing and is written by two experienced practitioners in a clear and user-friendly style. It provides a guide to not only what can be disposed of by will but to property which is subject to its own rules. Information is provided on the formalities for making a will, including the testator's capacity and related issues, particularly those involving the elderly, which may affect the validity of the will. The appointment of executors, trustees and guardians is considered along with the dispositive provisions typically contained in a will, including the use of trusts, creation of residences, gifts to children and so on. There are also sections on less common aspects of will-making but which often cause problems for practitioners including gifts for the benefit of pets, gifts to employees, gifts of business interests, mutual (as distinguished from mirror) wills, testamentary options, burial and other requests and dealing with property overseas. These matters are dealt with in the context of how a contentious will is now interpreted by the court in light of the Supreme Court's decision in Marley v Rawlings and other rules of construction. The importance of providing executors and trustees with appropriate powers and the need to modify what is implied by statute is dealt with, including the importance of making adequate provision for the application of income and capital when required. The inheritance tax implications of will planning and drafting are covered along with typical strategies for dealing with family wealth by making best use of the exemptions and reliefs available. This includes guidance on leaving the family home in a way that maximises use of the new residence nil rate band when available, as well as explaining how the often overlooked matter of the incidence of inheritance tax effects its burden on beneficiaries. There are illustrative case studies of tax efficient wills appropriate for testators with common will-making problems. There is also a whole chapter aimed at dealing with drafting pitfalls and, more importantly, how to avoid them. Problems are also caused if the existence of a will is uncertain and so there is a helpful section on storing and locating a will. The work also includes sections on revocation and the effect of alterations to wills. The book includes useful precedents and checklists. 'Wills: A Practical Guide' provides a concise summary of the law and practice of will-making for all those concerned in drafting wills.

The book deliberately sets out to bridge the gap between the people using the Court and the professionals who advise them so that all involved can make fully informed decisions about money and welfare at what can be a stressful time. Using plain English, it demystifies the law, language and procedure and is enhanced by a raft of invaluable flowcharts, tables and model documents that help put the guidance into practice. While accessible to the non-lawyer the book also provides the professional legal adviser with a quick, clear first point of reference.

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.

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 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.

Already in its 4th edition, this textbook presents the fundamentals as well as specific topics in inheritance law. The new edition considers recent amendments to inheritance law, including the 2010 reform of the inheritance right to a compulsory portion (Pflichtteilsrecht) as well as the German law on living wills.