Family And Succession Law In England And Wales

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Family and Succession Law in England and Wales

Author : Rebecca Probert
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403505141
Total Pages : 266 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Family and Succession Law in England and Wales by : Rebecca Probert

Download or read book Family and Succession Law in England and Wales written by Rebecca Probert and published by Kluwer Law International B.V.. This book was released on 2018-10-17 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in England and Wales covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with England and Wales. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.

Family and Succession Law in England and Wales

Author : Rebecca Probert
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403547278
Total Pages : 401 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Family and Succession Law in England and Wales by : Rebecca Probert

Download or read book Family and Succession Law in England and Wales written by Rebecca Probert and published by Kluwer Law International B.V.. This book was released on 2024-01-18 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in England and Wales covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with England and Wales. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.

Family Law in England and Wales

Author : Rebecca Probert
Publisher :
ISBN 13 : 9789041140197
Total Pages : 256 pages
Book Rating : 4.1/5 (41 download)

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Book Synopsis Family Law in England and Wales by : Rebecca Probert

Download or read book Family Law in England and Wales written by Rebecca Probert and published by . This book was released on 2012 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book was originally published as a monograph in the International encyclopaedia of laws/Family and succession law."

Comparative Succession Law

Author : Kenneth G C Reid
Publisher : Oxford University Press
ISBN 13 : 0192590723
Total Pages : 832 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Comparative Succession Law by : Kenneth G C Reid

Download or read book Comparative Succession Law written by Kenneth G C Reid and published by Oxford University Press. This book was released on 2020-10-09 with total page 832 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Law of Succession

Author : Miriam Anderson
Publisher : Editorial CSIC - CSIC Press
ISBN 13 : 9789089520876
Total Pages : 366 pages
Book Rating : 4.5/5 (28 download)

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Book Synopsis The Law of Succession by : Miriam Anderson

Download or read book The Law of Succession written by Miriam Anderson and published by Editorial CSIC - CSIC Press. This book was released on 2011 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preface Contents Abbreviations i Authors i part i Harmonization of Succession Law in Europe: The Current Debate chapter 1 Need and Opportunity of Convergence in European Succession Laws Walter Pintens chapter 2 Testamentary Freedom or Forced Heirship? Balancing Party Autonomy and the Protection of Family Members Andrea Bonomi part ii New Trends in Catalan Succession Law chapter 3 Between Tradition and Modernisation: A General Overview of the Catalan Succession Law Reform Esther Arroyo Amayuelas - Miriam Anderson chapter 4 Testamentary Freedom and Its Limits Esteve Bosch Capdevila chapter 5 Freedom of Testation, Compulsory Share and Disinheritance Based on Lack of Family Relationship Antoni Vaquer Aloy chapter 6 Freedom of Testation Versus Freedom to Enter Into Succession Agreements and Transaction Costs Susana Navas Navarro part iii National Perspectives on the Law of Succession in the 21st Century chapter 7 Freedom of Testation in England and Wales Roger Kerridge chapter 8 Law of Succession and Testamentary Freedom in Germany A. Röthel chapter 9 The Law of Succession in Hungary Zoltán Csehi chapter 10 Freedom of Testation in Italy Andrea Fusaro chapter 11 Acquisition of Property by Succession in Dutch Law. Tradition between Autonomy and Solidarity in a Changing Society J. Michael Milo chapter 12 The Norwegian Approach to Forced Share, the Surviving Spouse's Position and Irrevocable Wills Peter Hambro chapter 13 Restraints on Freedom of Testation in Scottish Succession Law Eric Clive chapter 14 Freedom of Testation in Slovenia Suzana Kraljić chapter 15 Freedom of Testation, Legal Inheritance Rights and Public Order under Spanish Law Sergio Cámara Lapuente.

To what extent is there testamentary freedom in England and Wales?

Author : Mariam Shakil
Publisher : GRIN Verlag
ISBN 13 : 3346254798
Total Pages : 39 pages
Book Rating : 4.3/5 (462 download)

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Book Synopsis To what extent is there testamentary freedom in England and Wales? by : Mariam Shakil

Download or read book To what extent is there testamentary freedom in England and Wales? written by Mariam Shakil and published by GRIN Verlag. This book was released on 2020-09-28 with total page 39 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bachelor Thesis from the year 2018 in the subject Law - Civil / Private / Family Law / Law of Succession, grade: 71%, Anglia Ruskin University, course: LLB (Hons), language: English, abstract: A testament is considered to be one of the most fundamental actions that an individual carries out, having followed the criteria to constitute valid legacies. The assumption, in England and Wales, is that the provisions will be adhered to, as they enjoy testamentary freedom. This dissertation is based on the power that one possesses over their assets and the amount of freedom they have to be able to dispose it on their death. Absolute testamentary freedom is not seen in any legal system, as it would constitute many issues. Thus, evaluating the present restrictions that occur in relation to the construction and validation of a testament, which could arise before or after the death of a testator/trix, by using Blackletter Law as the method of gaining information. An overall evaluation will consist of a brief history of testamentary freedom and how the legal system has evolved over time, with the help of reforms of legislation and case law, while discussing any further restrictions that should be made. The Scottish jurisdiction is used to compare the differences between having limitations on testamentary freedom, such as having fixed family rights over assets. One of the main focuses of this dissertation is dealing with one of the most controversial areas of Succession law, being the Inheritance (Provisions for Family and Dependants) Act 1975 and discussing the possibility of making it more stringent to be able to make a claim under this Act. As freedom of testation acts as basic right an individual possesses, this dissertation will conclude that while the present restrictions are set into place, they are reasonable and should not be further restricted.

The Interaction Between Family Law, Succession Law and Private International Law

Author : Jens Scherpe
Publisher : European Family Law
ISBN 13 : 9781780689845
Total Pages : 242 pages
Book Rating : 4.6/5 (898 download)

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Book Synopsis The Interaction Between Family Law, Succession Law and Private International Law by : Jens Scherpe

Download or read book The Interaction Between Family Law, Succession Law and Private International Law written by Jens Scherpe and published by European Family Law. This book was released on 2021-01-04 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Comparative Succession Law

Author : Kenneth G C Reid
Publisher : OUP Oxford
ISBN 13 : 0191029718
Total Pages : 524 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Comparative Succession Law by : Kenneth G C Reid

Download or read book Comparative Succession Law written by Kenneth G C Reid and published by OUP Oxford. This book was released on 2011-10-06 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Family and Succession Law in the USA

Author : Lynn Dennis Wardle
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403545321
Total Pages : 429 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Family and Succession Law in the USA by : Lynn Dennis Wardle

Download or read book Family and Succession Law in the USA written by Lynn Dennis Wardle and published by Kluwer Law International B.V.. This book was released on 2022-07-20 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in the USA covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with the USA. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.

International Aspects of Succession

Author : Gareth Miller
Publisher : Routledge
ISBN 13 : 1351788159
Total Pages : 421 pages
Book Rating : 4.3/5 (517 download)

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Book Synopsis International Aspects of Succession by : Gareth Miller

Download or read book International Aspects of Succession written by Gareth Miller and published by Routledge. This book was released on 2017-11-22 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2000: The great mobility of people and capital in the world today means that the likelihood of a person acquiring and dying with assets in more than one jurisdiction is probably greater than ever. As a result an English lawyer is now more and more likely to encounter a multinational estate. This book aims to examine the international aspects of succession primarily from the perspective of an English lawyer, but utilizing in addition to English cases and materials, cases and materials from other common law jurisdictions, particularly, Australia, Canada and New Zealand. The body of case law and materials from these jurisdictions forms a valuable resource for dealing with common problems. They also form the basis for an evaluation of developments in the subject generally and the possible impact of conventions designed to achieve uniformity in the rules of private international law relating to succession. This examination will be of interest to practitioners as well as to those concerned with the subject in an academic environment.

Uniform Succession Laws

Author : New South Wales. Law Reform Commission
Publisher :
ISBN 13 : 9780734726186
Total Pages : 74 pages
Book Rating : 4.7/5 (261 download)

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Book Synopsis Uniform Succession Laws by : New South Wales. Law Reform Commission

Download or read book Uniform Succession Laws written by New South Wales. Law Reform Commission and published by . This book was released on 2005 with total page 74 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Right to be King

Author : Howard Nenner
Publisher : Springer
ISBN 13 : 1349129526
Total Pages : 355 pages
Book Rating : 4.3/5 (491 download)

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Book Synopsis The Right to be King by : Howard Nenner

Download or read book The Right to be King written by Howard Nenner and published by Springer. This book was released on 1995-08-04 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the theory and practice of the English monarchical succession from the end of Elizabeth's reign to the accession of George I. Tracing the transition from an uncertain rule to a crown in the disposal of parliament, Nenner focuses on the major routes to the throne over the long seventeenth century: hereditary right, conquest, and election. It is a study of the competing principles of parliamentary sovereignty and fundamental law, and the ways in which tension between dynastic expectations and national needs were addressed and resolved.

Family and Succession Law in Ireland

Author : Paul Ward
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403546344
Total Pages : 273 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Family and Succession Law in Ireland by : Paul Ward

Download or read book Family and Succession Law in Ireland written by Paul Ward and published by Kluwer Law International B.V.. This book was released on 2022-09-20 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in Ireland covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with Ireland. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.

Family and Succession Law in Greece

Author : Ismene Androulidakis-Dimitriadis
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403539453
Total Pages : 315 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Family and Succession Law in Greece by : Ismene Androulidakis-Dimitriadis

Download or read book Family and Succession Law in Greece written by Ismene Androulidakis-Dimitriadis and published by Kluwer Law International B.V.. This book was released on 2021-10-21 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in Greece covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with Greece. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.

International Succession

Author : Louis Garb
Publisher : Oxford University Press, USA
ISBN 13 : 0199550271
Total Pages : 841 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis International Succession by : Louis Garb

Download or read book International Succession written by Louis Garb and published by Oxford University Press, USA. This book was released on 2010 with total page 841 pages. Available in PDF, EPUB and Kindle. Book excerpt: Increasing numbers of people have connections with one country, but live and work in another, frequently owning property or investments in several countries. As such, international aspects arise in an increasing number of estates. Different countries may have separate arrangements for ownership, taxation, and succession. International Succession equips practitioners with the information necessary to navigate problems involving these different systems. Although lawyers would often advise only on the law of the jurisdictions in which they are based, seeking advice from lawyers in other countries, this book will save the practitioner the time - and expense - of ascertaining the basics concerning the inheritance systems in different countries, offering clear and easy to use information on the laws of inheritance and succession. Each country's report is based on responses to a comprehensive questionnaire that considers the practical issues arising from the jurisdiction's individual laws, making it easy for users to make specific comparisons between the laws of one country and another. The book covers over fifty countries with entries written by experts from each country, making it an invaluable resource for the busy practitioner. This title is an improved and expanded version of International Succession, edited by Louis Garb and published by Kluwer Law International, 2004. This edition, published in hardback form, will also be supplemented annually in between editions to update the individual country entries.

Intestacy and family provision claims on death

Author : Great Britain: Law Commission
Publisher : The Stationery Office
ISBN 13 : 9780102975291
Total Pages : 286 pages
Book Rating : 4.9/5 (752 download)

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Book Synopsis Intestacy and family provision claims on death by : Great Britain: Law Commission

Download or read book Intestacy and family provision claims on death written by Great Britain: Law Commission and published by The Stationery Office. This book was released on 2011-12-14 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report makes recommendations for reform of the law and presents two draft Bills to implement the necessary changes. Firstly, The draft Inheritance and Trustees' Powers Bill includes reforms that would: ensure that where a couple are married or in a civil partnership, assets pass on intestacy to the surviving spouse in all cases where there are no children or other descendants; simplify the sharing of assets on intestacy where the deceased was survived by a spouse and children or other descendants; protect children who suffer the death of a parent from the risk of losing an inheritance from that parent in the event that they are adopted after the death; amend the legal rules which currently disadvantage unmarried fathers when a child dies intestate; remove arbitrary obstacles to family provision claims by dependants of the deceased and anyone treated by the deceased as a child of his or her family outside the context of a marriage or civil partnership; permit a claim for family provision in certain circumstances where the deceased died "domiciled" outside of England and Wales but left property and family members or dependants here; and reform trustees' statutory powers to use income and capital for the benefit of trust beneficiaries (subject to any express provisions in the trust instrument). Secondly, The draft Inheritance (Cohabitants) Bill contains further provisions that would give certain unmarried partners who have lived together for five years the right to inherit on each other's death under the intestacy rules. Where the couple have a child together, this entitlement would accrue after two years' cohabitation, provided the child was living with the couple when the deceased died.

Succession Q and A

Author : Mckeon
Publisher : Cavendish Publishing
ISBN 13 : 1843140810
Total Pages : 257 pages
Book Rating : 4.8/5 (431 download)

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Book Synopsis Succession Q and A by : Mckeon

Download or read book Succession Q and A written by Mckeon and published by Cavendish Publishing. This book was released on 2001-04-24 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of this book is to provide samples of the types of questions found both at first degree level and on diploma courses. This third edition has been extensively updated, including extra introductory notes and new chapters on the nature of wills and the mental element, formalities, revocation and alterations, and intestacy. The detailed coverage of family provision, construction and the administration of estates has also been expanded. The areas of mutual and privileged wills, and the growing number of decisions involving claims in negligence brought by disappointed beneficiaries against solicitors, are also incorporated.