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.

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.

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.

How we distribute our assets after death is no longer a question for a small wealthy section of society: increasing numbers of people must now decide how to structure wills and to bequeath money and possessions across generations: not only to family and kin but to charities and institutions also. This path-breaking study offers an empirical study of 800 English wills and uses the material to reflect upon what they tell us of contemporary family and kin relationships. It will be of great interest to lawyers, anthropologists, sociologists and social historians.