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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Financial law > Taxation law
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Families and Estates - A Comparative Study (Hardcover)
Loot Price: R5,929
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Families and Estates - A Comparative Study (Hardcover)
Series: International Academy Estate & Trust Law Series
Expected to ship within 10 - 17 working days
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This volume continues the work of the International Academy of
Estate and Trust Law in 2003 and 2004 in examining through the
juxtaposition of civil and common law jurisdictions areas of
fundamental importance to estate and trust lawyers internationally.
Here we focus upon two themes: the definition of "family" and the
impact of the expansion of the concept of "family" in law; and
family fights over wills and estates that recourse family members
may have in challenging an estate. The first Part, The Challenge of
the "New Family" for Law, considers the "challenge" both in the
inter vivos and the postmortem contexts in the United States,
Canada, France, the United Kingdom, Australia and New Zealand. A
particular focus is upon the dramatic expansion of the definition
of family from the "traditional" nuclear family consisting of a
husband, wife and their mutual children to a definition that
includes unmarried heterosexual and same sex couples living
together and, in some jurisdictions to new kinds of companionate
partnerships that are not based on a sexual relationship. The
second Part, Contesting Wills and Intestacies, examines the law in
Australia, Switzerland, France, Mexico, and the United Kingdom. In
its comparison of civil and common law approaches we see how the
law expresses the same principle objects "protection of family and
obligations towards key family members" but does so from entirely
different perspectives; and where the common law which enshrined
the notion of testamentary freedom is being qualified through the
expanding domain of family provision legislation, the civil law
which is based on codified shares and allocated responsibilities
expressed through proportionate entitlements in estates, is being
qualified through a range of disqualifying and varying mechanisms.
This volume is the fifth of the published deliberations of the
International Academy of Estate and Trust Law. It contains the work
of solicitors, barristers, notaries, judges and Professors of Law
in areas of Trusts, Inheritance and Succession law, Tax and
Comparative law. It will be of interest to practitioners and
scholars alike in the area of trust and estate law.
General
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