There can be no doubt that both substantive family and succession law engage in significant interaction with private international law, and, in particular, the European Union instruments in the field. While it is to be expected that substantive law heavily influences private international law instruments, it is increasingly evident that this influence can also be exerted in the reverse direction. Given that the European Union has no legislative competence in the fields of family and succession law beyond cross-border issues, this influence is indirect and, as a consequence of this indirect nature, difficult to trace.This book brings together a range of views on the reciprocal influences of substantive and private international law in the fields of family and succession law. It outlines some key elements of this interplay in selected jurisdictions and provides a basis for discussion and future work on the reciprocal influences of domestic and European law. It is essential that the choices for and within certain European instruments are made consciously and knowingly. This book therefore aims to raise awareness that these reciprocal influences exist, to stimulate academic debate and to facilitate a more open debate between European institutions and national stakeholders.

The law of succession rests on a single brute fact: you can't take it with you. The stock of wealth that turns over as people die is staggeringly large. In the United States alone, some $41 trillion will pass from the dead to the living in the first half of the 21st century. But the social impact of inheritance is more than a matter of money; it is also a matter of what money buys and brings about.
Law and custom allow people many ways to pass on their property. As Friedman's enlightening social history reveals, a decline in formal rules, the ascendancy of will substitutes over classic wills, social changes like the rise of the family of affection, changing ideas of acceptable heirs, and the potential disappearance of the estate tax all play a large role in the balance of wealth. "Dead Hands" uncovers the tremendous social and legal importance of this rite of passage, and how it reflects changing values and priorities in American families and society.

All the basics that students need to know about succession in Scots law
What happens after you die? You can't take it with you, so succession law governs how your property is passed on after your death. Succession Law Essentials teaches you all you need to know about the Scots laws of succession, including estates, executors, wills, will substitutes, valid and invalid testimony, intestate succession, legacies, vesting and more.
Summary sections of Essentials Facts and Essential Cases will help you to identify, understand and remember the key elements. When you're revising for your exams, the tables of cases and statutes will help you to find the page you're looking for quickly and easily.

"I have often said that money problems are not solved with money. Ann-Margaret understands it is not what you make but what you keep that matters. You will read this once and refer to it for years to come." -Dr. Phil, from his foreword It is no secret that we are living in an increasingly litigious society. What may come as a surprise, though, is that we are far more likely to be involved in a costly legal dispute with a former loved one than we are with a stranger. In Love and Money, Ann-Margaret Carrozza will help you to easily understand and implement essential legal strategies to prevent you from doing legal battle with someone you once shared Thanksgiving dinner (or a pillow) with. Through an engaging narrative, including amusing cautionary tales, readers will learn how to utilize contracts to identify and avoid costly relationship landmines, reduce pet peeves, and create a joint mission statement, all the while ensuring that one's wealth and values are transmitted to future generations. Love and Money demystifies many legal structures, including: Prenuptial agreements Postnuptial agreements Cohabitation agreements Love contracts Wills Trusts Powers of attorney Healthcare advance directives After learning how to erect legal barriers against external wealth destroyers and evildoers, the focus of the book moves to internal wealth destroyers. Readers will learn how to identify and combat internal wealth repellants such as low self-esteem, fear, and stress. Becoming and remaining wealthy requires more than just money. This book provides a unique education about the interrelated nature of the internal and external laws of wealth and how to put them both to work for stronger relationships with one's finances and loved ones.

Highly regarded, and cited in a number of judgments, Thomas on Powers is concerned with the general principles and doctrines governing or affecting the creation, exercise, and operation of powers in private law, and provides a discursive, intellectual analysis of the principles underlying the problems commonly encountered by practitioners. The first edition of Thomas on Powers was published in 1998 as part of Sweet & Maxwell's Property and Conveyancing Library. This new edition both updates the original work and expands the scope of the book significantly to include coverage of offshore trusts and current trusts issues such as fiduciary powers, protectors, and "shams". Thomas on Powers provides extensive coverage of recent statutes dealing with trustee delegation; developments to the law relating to pension schemes; and cases relating to the rule in Hastings-Bass, which has had a series of contentious recent decisions. This edition includes expanded discussion of case law from Commonwealth countries and focuses more on the numerous judgments from offshore jurisdictions, some of which raise novel questions and issues. The book also includes an increased emphasis on the specific legislation of offshore trusts, where practical problems centred around the creation and exercise of trustee powers have become very important. This edition covers the problematic interaction of powers of revocation and sham trusts; the scope and effects of powers of amendment; the powers and role of protectors of offshore trusts; and the powers of directors of companies; and the relationship between fiduciary powers in private law and powers exercised by public bodies.

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).

This book is the first extensive treatment of deathbed gifts in English law to be published. Such gifts are sometimes made by donors who, when facing impending death, transfer their property conditionally on death. It is a fascinating area of the law containing rules which have their origins in Roman Law, and which have continued to be been developed in modern law combining aspects of the laws of succession, trusts and personal property. Deathbed Gifts provides a detailed exposition and analysis of the current rules. It also traces the origins of the law and examines its continued development by the courts. The subject is represented by a rich case law including recent Court of Appeal decisions; a comprehensive summary of the case law is included.

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.

This book presents a broad overview of succession law, encompassing aspects of family law, testamentary law and legal history. It examines society and legal practice in Europe from the Middle Ages to the present from both a legal and a sociological perspective. The contributing authors investigate various aspects of succession law that have not yet been thoroughly examined by legal historians, and in doing so they not only add to our knowledge of past succession law but also provide a valuable key to interpreting and understanding current European succession law. Readers can explore such issues as the importance of a father's permission to marry in relation to disinheritance, as well as inheritance transactions and private, dynastic and cross-border successions. Further themes addressed by the expert contributors include women's inheritance rights, the laws of succession for the prince in legal consulting, and succession in the Rota Romana's jurisprudence.

The leading textbook on the law of succession for over 70 years, Parry & Kerridge on the Law of Succession provides the detail required for a full understanding of the subject. This work covers not only wills and intestacy, but also probate and administration of estates, and has been thoroughly updated for the 13th edition to incorporate all key case and legislative developments. NEW TO THIS EDITION #The Inheritance and Trustees# Powers Act 2014, amending both the law of intestacy and family provision #New case law including Marley v Rawlings, rectification of a switched will; Thornerv Major, Henry v Henry, Bradbury v Taylor and Suggitt v Suggitt, proprietary estoppel; Barrett v Bem, attestation; Baynes v Hedger, family provision, living together as civil partners; Ilott v Mitson, family provision for an estranged adult daughter; Re Key and Simon v Byford, capacity; Re P, statutory wills and #best interests# under the Mental Capacity Act 2005; Perrins v Holland, the rulein Parker v Felgate; Gill v Woodall, knowledge and approval; Re Servoz-Gavin, a sailor#s oral will; Court v Despallieres, revocation of a will by formation of a civil partnership; Rawstron v Freud, secret trusts; Fry v Densham-Smith, mutual wills; King v Chiltern Dog Rescue, donationes mortis causa; Day v Royal College of Music, the rule in Strong v Bird; Re Erskine, the effect of the Human Rights Act 1998 on construction #More discussion of #suspicious wills# (wills in the making of which beneficiaries have been involved); expanded chapter on Duty of Care and the risk of negligenceactions against will draftsmen

Das Buch befasst sich mit einem Teilbereich der Rechtsnachfolge in Familienunternehmen. Das Bestimmungsvermachtnis gibt dem Erblasser die Moeglichkeit, in seinem Testament einen Kreis von Vermachtnisnehmern zu benennen und die endgultige Bestimmung des Vermachtnisnehmers und Unternehmensnachfolgers nach seinem Tod auf einen Dritten zu ubertragen. Auf diese Weise erlangt der Erblasser die Moeglichkeit, dass auch nach dem Erbfall eintretende Umstande bei der Rechtsnachfolge in das Unternehmen Berucksichtigung finden koennen. Im Zentrum der Untersuchung steht die Frage, welche Rechte das Bestimmungsvermachtnis den beteiligten Personen vermittelt und wie der Erblasser durch eine gezielte Testamentsgestaltung Einfluss auf die jeweiligen Rechtspositionen nehmen kann, um eine moeglichst sachgerechte Nachfolgeplanung sicher zu stellen.

Williams on Wills has long been recognised as the leading text in the area of wills. Considered to be the definitive practitioner textbook, the new edition has been fully revised and updated for 2021. As always, the title will consist of two volumes, the second of which comprises an extensive collection of gold standard precedents both for complete wills and clauses used in wills, also included on a CD in Word format ready to edit and use in practice. Included in this new edition - Vol. 1: * Case law updates since the last supplement in 2018; * Additional commentary on digital assets; * New commentary on the Covid attestation rules. Vol. 2: * New RNRB precedents added where appropriate, including 2-yr, 2-day spousal interest in possession * New precedent wording for a 'Covid attestation' clause; * Discussion of Brexit.

Tristram and Coote's Probate Practice is the definitive work on probate and is extensively referred to by the Probate Registries. This new edition, fully updated since the 31st edition and supplement set, contains up to date, expert guidance on all aspects of probate procedure and is accompanied by a CD-ROM containing precedents recommended by Probate Registrars. The text is written by a team of experts drawn from the judiciary, probate registry and the Capital Taxes Office and is fully updated to include all new developments since the 31st edition. The precedents are accepted by the Probate Registry and come recommended, making this new edition essential for all practitioners working within this complex area of the law.

Written by leading lawyers in the field, this popular guide to the tax efficient drafting of wills, estate planning and administration provides practitioners with help and guidance, and discusses the typical problems and pitfalls that may be encountered in practice. The precedents have been carefully selected to deal in a straightforward fashion with the common needs of clients. The book begins by looking at the essential legal framework of wills, trusts and taxation through a combination of detailed and authoritative commentary, worked examples and expertly drafted precedents. It then examines specific topics including: transferable nil rate band, using IPDIs, provision for children, pilot trusts, gifts, APR and BPR, instruments of variation and disclaimer, and tax efficient administration. The authors narrative commentary is supplemented by 40 precedents which are included on an accompanying CD-ROM, allowing users to download and adapt each document as necessary.

This invaluable book really will enable you to prepare your own will. It will alert you to the many and broad ranging matters you should consider, and covers factual and legal requirements and technicalities in language that the lay-person can understand. Author, Gordon Bowley, draws on his thirty years as a family solicitor to suggest the best and most effective ways of ensuring that your estate is easy to deal with by those you leave behind and that it goes to those who you want to benefit. This revised and updated 4th edition includes changes in recent legislation and case law. It includes: - Advice on choosing executors - Specimen forms, sample wills and sample clauses - A glossary clearly explaining any necessary legal terms - Guidance on inheritance tax and tax saving in your will - Information on Living Wills and Powers of Attorney

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,