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To What Extent Is There Testamentary Freedom In England And Wales
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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.
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.
Book Synopsis Landmark Cases in Succession Law by : Brian Sloan
Download or read book Landmark Cases in Succession Law written by Brian Sloan and published by . This book was released on 2019 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Landmark Cases series highlights the historical antecedents of what are widely considered to be the leading cases in a discipline, and seeks to provide contexts in which to better understand how and why certain cases came to be regarded as the 'landmark' cases in any given field. Succession law's long pedigree, near-universal application, immense capacity for human interest stories, somewhat uncertain future in England and Wales, and close connection to demographics make it an ideal candidate for a Landmark Cases volume. The distinguished contributors to this collection consider cases ranging in decision date from 1720 to 2017, covering issues such as will-making and interpretation, the position of beneficiaries and personal representatives, testamentary promises, and the extent of testamentary freedom in England and Wales and beyond. The cases are relevant not only to scholars and students of succession law per se, but also those working in fields such as tax, trusts, tort and land law. They raise issues as diverse as class, colonialism, familial dynamics, expectations and obligations, mental health, and the proper roles of the legal profession and the welfare state. The collection will provoke much discussion on what makes a 'landmark' case, as well as on the peculiarities and limitations of the case law method"--
Book Synopsis Current Issues in Succession Law by : Birke Häcker
Download or read book Current Issues in Succession Law written by Birke Häcker and published by Bloomsbury Publishing. This book was released on 2016-07-28 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: While continental and comparative lawyers have recently rediscovered succession law as an area of immense practical importance deserving greater academic attention, it is still a neglected field in England. This book aims to reinvigorate the English debate. It brings together contributions by leading academics and practitioners engaging with topical issues as well as questions of fundamental importance in succession law and estate planning. The book will be of interest to both academics and practitioners working in the field, and to non-English comparative lawyers.
Book Synopsis Borkowski's Law of Succession by : Brian Sloan
Download or read book Borkowski's Law of Succession written by Brian Sloan and published by Oxford University Press. This book was released on 2017 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: Compact yet comprehensive, Dr Brian Sloan's revised edition of Borkowski's classic text continues to bring the universally-relevant law of succession to life in a style and format perfectly pitched for modern undergraduate students.
Book Synopsis Landmark Cases in Succession Law by : Brian Sloan
Download or read book Landmark Cases in Succession Law written by Brian Sloan and published by Bloomsbury Publishing. This book was released on 2019-10-31 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Landmark Cases series highlights the historical antecedents of what are widely considered to be the leading cases in a discipline, and seeks to provide contexts in which to better understand how and why certain cases came to be regarded as the 'landmark' cases in any given field. Succession law's long pedigree, near-universal application, immense capacity for human interest stories, somewhat uncertain future in England and Wales, and close connection to demographics make it an ideal candidate for a Landmark Cases volume. The distinguished contributors to this collection consider cases ranging from 1720 to 2017, covering issues such as will-making and interpretation, the position of beneficiaries and personal representatives, testamentary promises, and the extent of testamentary freedom in England and Wales and beyond. The cases are relevant not only to scholars and students of succession law per se, but also those working in fields such as tax, trusts, tort and land law. They raise issues as diverse as class, colonialism, familial dynamics, expectations and obligations, mental health, and the proper roles of the legal profession and the welfare state. The collection will provoke much discussion on what makes a 'landmark' case, as well as on the peculiarities and limitations of the case law method.
Author :Great Britain: Parliament: House of Lords: European Union Committee Publisher :The Stationery Office ISBN 13 :9780108459757 Total Pages :144 pages Book Rating :4.4/5 (597 download)
Book Synopsis The EU's regulation on succession by : Great Britain: Parliament: House of Lords: European Union Committee
Download or read book The EU's regulation on succession written by Great Britain: Parliament: House of Lords: European Union Committee and published by The Stationery Office. This book was released on 2010-03-24 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the sixth report from the European Union Committee of the 2009-10 session and looks at the EU's Regulation on Succession (HLP 75, ISBN 9780108459757). In October 2009 the EU Commission proposed legislation which aims to simplify the law affecting those who die having exercised their right to free movement, either by moving to another Member State to live or by buying property in a Member State other than their own. The law of succession regulates how a person's property is dealt with on their death - including the mechanism for paying taxes and other creditors, establishing who is entitled to inherit the deceased's property and how that property is to be transferred to those entitled to it. Where this involves the law of more than one Member State complications arise which can have a significant impact since the people affected are likely to be emotionally vulnerable because of bereavement. The Committee states it welcomes the fact that the Commission has not proposed harmonisation of the substantive law of succession and support the Commission's underlying, and more limited, objective of prescribing which state's law ofsuccession is to apply to the whole of a deceased person's estate; but only to the extent of determining who is entitled to inherit what property. The Committee believes to go further puts at risk important interests, not least property rights, the collection of taxes and the protection of creditors. The Committee also identifies a serious defect in the EU's proposal that it could result in gifts made in the UK by deceased persons during their lifetime, including gifts to charity, being claimed back by their heirs, under a process known as clawback.
Book Synopsis English Private Law by : Andrew Burrows
Download or read book English Private Law written by Andrew Burrows and published by Oxford University Press. This book was released on 2013-08-08 with total page 1663 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique reference work covering the whole of English private law, this book provides a lucid, concise, and authoritative overview of all important areas of private law. Each section is written by an acknowledged expert who provides a clear distillation and analysis of the subject.
Book Synopsis From Testamentary Freedom to Testamentary Duty by : Frances Hannah
Download or read book From Testamentary Freedom to Testamentary Duty written by Frances Hannah and published by . This book was released on 2008 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Politics, Policy and Private Law by : Jodi Gardner
Download or read book Politics, Policy and Private Law written by Jodi Gardner and published by Bloomsbury Publishing. This book was released on 2023-12-14 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a landmark and ambitious research project looking at private law through the policy prism undertaken by a team of acknowledged experts in their fields. The majority of existing literature diminishes the impact of policy in the development of legal principles, impeding a deeper understanding of it. Part of a two-part study, this first volume explores tort law, property law and equity. Both studies engage with modern challenges and technical developments that now inform private law, with chapters looking at the Grenfell disaster, compensation of medical injuries post COVID-19, the gig economy and co-ownership. They also explore traditional private law areas through a novel lens, such as psychological injury and the impact of fairness and/or equality obligations. They highlight the similarities and differences across many aspects of private law, allowing for a richer analysis across all the strands of private law.
Book Synopsis Law and Faith in a Sceptical Age by : Anthony Bradney
Download or read book Law and Faith in a Sceptical Age written by Anthony Bradney and published by Routledge. This book was released on 2009-10-16 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and Faith in a Sceptical Age is an analysis of the legal position of religious believers in a dominantly secular society. Great Britain is a society based upon broadly liberal principles. It claims to recognise the needs of religious believers and to protect them from discrimination. But whilst its secular ideology pervades public discourse, the vestigial remains of a Christian, Protestant past are seen in things as varied as the structure of public holidays and the continued existence of established churches in both England and Scotland. Religious, Christian values also form the starting point for legal rules relating to matters such as marriage. Active religious communities constitute a very small minority of the population; however, those who belong to them often see their religion as being the most important element of their identity. Yet the world-view of these communities is frequently at odds with both the prevailing liberal, secular climate of Great Britain and its Christian, Anglican past. This necessarily entails a clash of ideologies that puts in question the secular majority's claim to want to protect religious minorities, the possibility of it being able to sufficiently understand the needs of those minorities and the desirability or practicality of any accommodation between the needs of the various religious communities and the secular mainstream of society. Law and Faith in a Sceptical Age addresses these issues by raising the question of whether a liberal, secular state can protect religion. Accommodation to different religious traditions forms part of the history of the legal systems of Britain. This book asks whether further accommodation can and should be made.
Book Synopsis The Law of Inheritance & Administration of Deceased Estates in Malawi by : Lewis Chezan Bande
Download or read book The Law of Inheritance & Administration of Deceased Estates in Malawi written by Lewis Chezan Bande and published by African Sun Media. This book was released on 2021-06-11 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the law of inheritance and administration of deceased estates in Malawi. Its coverage includes basic concepts underlying inheritance; history of law of inheritance in Malawi; Will-making and testate inheritance; intestate inheritance; pension and inheritance of pension benefits and life insurance policies; other forms of inheritance like promissory estoppel, donationes mortis causa, rule in Strong v Bird and mutual Wills; estate duty; grants and personal representatives; and administration of deceased estates. Key statutes discussed include Constitution of Malawi, Deceased Estates (Wills, Inheritance and Protection) Act, Pensions Act, Estate Duty Act and Trustees Act. The book is designed as a reference for judicial officers, legal practitioners, public officers and administrators of deceased estates, law students, policy and legislative makers, pension fund managers, civil society activists (particularly on children and women’s rights) and interested academics.
Book Synopsis Clawback Law in the Context of Succession by : Jayne Holliday
Download or read book Clawback Law in the Context of Succession written by Jayne Holliday and published by Bloomsbury Publishing. This book was released on 2020-05-14 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a global solution for determining the law applicable to a claim to clawback an inter vivos gift from a third party within the context of a succession. The book aims to identify an appropriate and applicable legal framework which supports legal certainty for cross-border estate planning and protects the legitimate expectations of the relevant parties. This is an area of private international law that has yet to be handled satisfactorily – as can be seen by the inadequate treatment of clawback from third parties in the 1989 Hague Convention on the Law Applicable to Succession to the Estates of Deceased Persons, and the 2012 EU Succession Regulation.
Book Synopsis Claiming a Promised Inheritance by : Alexandra Braun
Download or read book Claiming a Promised Inheritance written by Alexandra Braun and published by Oxford University Press. This book was released on 2022-09-08 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: Renowned scholar of comparative private law Alexandra Braun examines the law of testamentary promises, details what happens when these promises are broken, and compares how and when the interests of beneficiaries of testamentary promises are protected across a number of legal systems.
Book Synopsis Company Law and the Law of Succession by : Susanne Kalss
Download or read book Company Law and the Law of Succession written by Susanne Kalss and published by Springer. This book was released on 2015-10-21 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is one of the first to link company law to the law of succession by concentrating on family businesses. It shows that, to understand the legal framework underlying the daily operations of family businesses, one needs legal analysis, empirical data, psychological and sociological knowledge. The book works on the premise that, since many businesses have been founded by families, practitioners need to develop an understanding of the legal background of such businesses and build up experience to be able to create contracts, trusts, foundations and other legal mechanisms to give shape to systems and procedures for the transfer of shares and control within the family. Comparing the national legal order, techniques, and mechanisms in a range of countries, the book examines parallel developments in these fields of law across the world. Finally, it demonstrates the room for companies, shareholders and the members of a family to develop individual solutions within the legal framework for transferring businesses and shares to the next generation.
Book Synopsis Testamentary Formalities by : Kenneth G. C. Reid
Download or read book Testamentary Formalities written by Kenneth G. C. Reid and published by Comparative Succession Law. This book was released on 2011 with total page 523 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 volume analyses the formalities imposed by the law on making a will across a wide range of European and international jurisdictions.
Book Synopsis EU Cross-Border Succession Law by : Bariatti, Stefania
Download or read book EU Cross-Border Succession Law written by Bariatti, Stefania and published by Edward Elgar Publishing. This book was released on 2022-06-10 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: With cross-border successions becoming increasingly common in the context of the European Union, this timely book offers a systematic practical analysis of how cross-border successions should be treated, including examination of which courts may establish jurisdiction over succession disputes and which law governs such disputes. Studying cross-border successions in the context of estate planning and in the opening and liquidation of a succession, it examines the specificities of the European Certificate of Succession, contextualising it within its interface with the national laws and practice of EU Member States.
