Wills Formalities Versus Testators Intention

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Wills Formalities Versus Testator's Intention

Author : Mariusz Zalucki
Publisher :
ISBN 13 : 9783848770823
Total Pages : 204 pages
Book Rating : 4.7/5 (78 download)

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Book Synopsis Wills Formalities Versus Testator's Intention by : Mariusz Zalucki

Download or read book Wills Formalities Versus Testator's Intention written by Mariusz Zalucki and published by . This book was released on 2021-06-16 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years in particular, as a result of the very rapid development of various technologies, the phenomenon of so-called informal wills has appeared on a large scale in the practice of succession law. These are wills made by testators who, when disposing of their assets in the event of their death, do not make use of the forms of will provided for by the law. This is most often the result of ignorance or confusion as to the admissibility of a particular method of disposing of assets in the event of their death. In the light of the relevant provisions such a will is frequently invalid. Despite clear and convincing evidence and testation intentions, the testator's last will does not produce any legal effects regarding his estate. The inappropriateness of this kind of solutions was shown, among others, during the COVID-19 pandemic, when the need for making last wills has increased significantly, and has rarely been executed in a manner consistent with the formalities. Therefore, the main objective of this work is to design such a normative solution which could function in the provisions of succession law as one that constructs the legal figure of the form of a will.

Wills Formalities Versus Testator's Intention

Author : Mariusz Załucki
Publisher :
ISBN 13 : 9783748924722
Total Pages : 204 pages
Book Rating : 4.9/5 (247 download)

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Book Synopsis Wills Formalities Versus Testator's Intention by : Mariusz Załucki

Download or read book Wills Formalities Versus Testator's Intention written by Mariusz Załucki and published by . This book was released on 2021 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: In der erbrechtlichen Praxis häufen sich im Zuge der technischen Entwicklung "formlose Testamente“ von Erblassern, die nicht von den gesetzlich vorgesehenen Testamentsformen Gebrauch machen. Im Lichte der einschlägigen Vorschriften ist ein solches Testament meist unwirksam; der letzte Wille des Erblassers entfaltet trotz eindeutiger Testierabsicht keine Rechtswirkungen hinsichtlich seines Nachlasses. Während der COVID-19-Pandemie hat die Notwendigkeit des zügigen Abfassens von Testamenten deutlich zugenommen - die zugleich nur selten allen formalen Anforderungen entsprechen. Dieses Werk entwirft normative Lösungen zur Reform der Testamentsform, die es ermöglichen, den letzten Willen des Erblassers unabhängig von der Art und Weise der Errichtung und der Aufzeichnung wiederzugeben.

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.

The Law of Wills

Author : William Herbert Page
Publisher :
ISBN 13 :
Total Pages : 1574 pages
Book Rating : 4.3/5 (9 download)

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Book Synopsis The Law of Wills by : William Herbert Page

Download or read book The Law of Wills written by William Herbert Page and published by . This book was released on 1926 with total page 1574 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Wills

Author : Alberta Law Reform Institute
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (857 download)

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Book Synopsis Wills by : Alberta Law Reform Institute

Download or read book Wills written by Alberta Law Reform Institute and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Wills, Trusts, and Estates

Author : Gerry W. Beyer
Publisher : Aspen Publishers
ISBN 13 :
Total Pages : 660 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Wills, Trusts, and Estates by : Gerry W. Beyer

Download or read book Wills, Trusts, and Estates written by Gerry W. Beyer and published by Aspen Publishers. This book was released on 1999 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new addition To The popular Examples & Explanations Series brings a new degree of clarity to Will, Trusts, and Estates. Noted author Gerry Beyer helps students work through troublesome topics to get a firm grasp of the underlying concepts of the subject. WILLS, TRUSTS, AND ESTATES: Examples & Explanations is equally well suited for class use or independent study. This lively and engaging text lead students to enlightenment through the careful use of: -sample wills and trusts -clear and lucid explanations -effective practice problems -a no-intimidating, conversational tone Instructors will appreciate the book's flexible an adaptable structure that complements a wide range of teaching approaches. Beyer's comprehensive text explores: -non-probate assets -estate administration -disability and death planning -malpractice and professional responsibility -wealth transfer taxation For extra help with an especially difficult concept or a solid review of the entire subject, WILLS, TRUSTS, AND ESTATES: Examples and Explanations is an excellent choice. Table of Contents Chapter 1: Introduction and Overview 1.1 Brief History of Property Transference When Owner Dies 1.2 Basic Terminology Used in This Book 1.3 Determination of Applicable Law 1.4 the 'Big Picture' PART ONE - INTESTATE SUCCESSION Chapter 2: Descent and Distribution 2.1 Reasons Most Individuals Die Intestate 2.2 Historical Development of Descent and Distribution 2.3 Surviving Spouse 2.4 Descendants 2.5 Ancestors and Collaterals 2.6 Escheat Chapter 3: Treatment of Certain Categories of Potential Heirs 3.1 Posthumous or Afterborn Heirs 3.2 Adopted Individuals 3.3 Non-Marital Children 3.4 Children from Alternative Reproduction Technologies 3.5 Stepchildren 3.6 Half-Blooded Collateral Heirs 3.7 Non-United States Citizens 3.8 Unworthy Heirs Chapter 4: Other Intestate Succession Issues 4.1 Ancestral Property 4.2 Advancements 4.3 Survival 4.4 Disclaimers 4.5 Assignment or Release of Expectancy to Inherit 4.6 Equitable Conversion 4.7 Liability for Debts of Predeceased Intermediary 4.8 Heir Designation 4.9 Choice of Law PART TWO - WILLS Chapter 5: Requirements for a Valid Will 5.1 Legal Capacity 5.2 Testamentary Capacity (Sound Mind) 5.3 Testamentary Intent 5.4 Formalities Chapter 6: Changing Circumstances After Will Execution - Property 6.1 Classification of Testamentary Gifts 6.2 Ademption by Extinction 6.3 Ademption by Satisfaction 6.4 Changes in Value 6.5 Exoneration 6.6 Abatement 6.7 Tax Apportionment Chapter 7: Changing Circumstances After Will Execution - Persons 7.1 Marriage of a Testator 7.2 Divorce of Testator 7.3 Pretermitted Heirs 7.4 Death of Beneficiary - Lapse 7.5 Failure of Charitable Gift - Cy Pres 7.6 Survival Chapter 8: Revocation of Wills 8.1 Revocation by Operation of Law 8.2 Revocation by Physical Act 8.3 Revocation by Subsequent Writing 8.4 Presumptions 8.5 Revival 8.6 Conditional Revocation 8.7 Multiple Originals Chapter 9: Interpretation and Construction 9.1 Ambiguity 9.2 Integration 9.3 Incorporation by Reference 9.4 Facts of Independent Significance 9.5 Tangible Personal Property Document 9.6 Pour-Over Provisions 9.7 Precatory Language 9.8 Class Gifts 9.9 Dead Person's Statute Chapter 10: Will Contests 10.1 Failure to Satisfy Requirements of a Valid Will 10.2 Insane Delusions 10.3 Undue Influence 10.4 Duress 10.5 Fraud 10.6 Mistake 10.7 Remedies 10.8 Preventing Will Contests Chapter 11: Other Will Issues 11.1 Conditional Wills

Wills, Trusts, and Estates

Author : Jesse Dukeminier
Publisher : Aspen Publishers
ISBN 13 : 9780735506367
Total Pages : 1178 pages
Book Rating : 4.5/5 (63 download)

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Book Synopsis Wills, Trusts, and Estates by : Jesse Dukeminier

Download or read book Wills, Trusts, and Estates written by Jesse Dukeminier and published by Aspen Publishers. This book was released on 2000 with total page 1178 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this timely new edition, distinguished authors Dukeminier and Johanson build on the success of their phenomenally popular casebook Wills, Trusts, and Estates with new coverage of non-traditional family arrangements, living wills, and much more. the authors blend cases selected for human interest as well as teaching value with provocative hypotheticals, cartoons, photographs, and other illustrations to comprehensively cover this area in a very lively, readable manner. Organized logically, The book begins with estate planning and its limitations, moves to wills and will substitutes, progresses to trusts, and concludes with a chapter on taxation. New topic coverage includes: babies inadvertently swapped in hospitals, surrogate mothers, lesbian adoption, and artificial insemination (including children conceived after sperm donor's death) living wills and powers of attorney for health care, including the Cruzan case And The Uniform Health Care Decisions Act a new chapter combining mental capacity and undue influence, which features the Seward Johnson will contest and related preventive lawyering issues shortened, more teachable chapters on future interests and perpetuities latest changes To The Uniform Probate Code a completely revised and reorganized trustee administration chapter Like its predecessors, this book is a lively, flexible, and understandable teaching tool that is accompanied by a detailed and witty Teacher's Manual, which is regarded as the best in the field.

Testamentary Formalities

Author : Kenneth G. C. Reid
Publisher : Comparative Succession Law
ISBN 13 : 0199696802
Total Pages : 523 pages
Book Rating : 4.1/5 (996 download)

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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.

New York Elder Law

Author : David Goldfarb
Publisher : LexisNexis
ISBN 13 : 9781422474747
Total Pages : 0 pages
Book Rating : 4.4/5 (747 download)

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Book Synopsis New York Elder Law by : David Goldfarb

Download or read book New York Elder Law written by David Goldfarb and published by LexisNexis. This book was released on with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Restatement of the Law of Property

Author : American Law Institute
Publisher :
ISBN 13 :
Total Pages : 224 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Restatement of the Law of Property by : American Law Institute

Download or read book Restatement of the Law of Property written by American Law Institute and published by . This book was released on 1936 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Diplomatic and Consular Service of the United States

Author :
Publisher :
ISBN 13 :
Total Pages : 966 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Diplomatic and Consular Service of the United States by :

Download or read book Diplomatic and Consular Service of the United States written by and published by . This book was released on 1923 with total page 966 pages. Available in PDF, EPUB and Kindle. Book excerpt:

A Preliminary Treatise on Evidence at the Common Law

Author : James Bradley Thayer
Publisher :
ISBN 13 :
Total Pages : 682 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis A Preliminary Treatise on Evidence at the Common Law by : James Bradley Thayer

Download or read book A Preliminary Treatise on Evidence at the Common Law written by James Bradley Thayer and published by . This book was released on 1898 with total page 682 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Casenote Legal Briefs for Wills, Trusts, and Estates Keyed to Sitkoff and Dukeminier

Author : Casenote Legal Briefs
Publisher : Aspen Publishing
ISBN 13 : 1543807429
Total Pages : 168 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Casenote Legal Briefs for Wills, Trusts, and Estates Keyed to Sitkoff and Dukeminier by : Casenote Legal Briefs

Download or read book Casenote Legal Briefs for Wills, Trusts, and Estates Keyed to Sitkoff and Dukeminier written by Casenote Legal Briefs and published by Aspen Publishing. This book was released on 2022-06-30 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: After your casebook, a Casenote Legal Brief is your most important reference source for the entire semester. Expert case studies and analyses and quicknote definitions of legal terms help you prepare for class discussion. Here is why you need Casenote Legal Briefs to help you understand cases in your most difficult courses: Each Casenote includes expert case summaries, which include the black letter law, facts, majority opinion, concurrences, and dissents, as well as analysis of the case. There is a Casenote for you! With dozens of Casenote Legal Briefs, you can find the Casenote to work with your assigned casebook and give you the extra understanding of all cases Casenotes in 1L subjects include a Quick Course Outline to help you understand the relationships between course topics.

Where There's a Will

Author : Robert S. Menchin
Publisher : iUniverse
ISBN 13 : 0595094740
Total Pages : 166 pages
Book Rating : 4.5/5 (95 download)

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Book Synopsis Where There's a Will by : Robert S. Menchin

Download or read book Where There's a Will written by Robert S. Menchin and published by iUniverse. This book was released on 2000-07-27 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hilarious. Incredible. Bizarre. Witty. Deliciously malicious! Where There's a Will is an absorbing collection of odd and curious wills from many countries and many times. The vindictive wills, revealing wills, wills written on nurses petticoats, eggshells, tractor fenders and wills found in a bottle at sea included in the book reflect the full range of man's virtues and vices. The colorful individuals whose Last Will and Testament grace the pages of this book give more than their money away - they give themselves away. They use their wills to get back at obnoxious relatives, to maintain control beyond the grave, to reward, to punish, to defy those who say you can't take it with you. And to have the last word. Among the famous and the infamous whose wills are featured are: George Bernard Shaw, W.C. Fields, Patrick Henry, Janis Joplin, Napoleon, Jack Kelly, Howard Hughes, William Shakespeare, Ian Fleming, Billy Rose, Picasso, Marilyn Monroe, Aristotle Onassis. . . and many more.

Emanuel Law Outlines for Wills, Trusts, and Estates Keyed to Sitkoff and Dukeminier

Author : Peter T. Wendel
Publisher : Aspen Publishing
ISBN 13 : 1543807585
Total Pages : 520 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Emanuel Law Outlines for Wills, Trusts, and Estates Keyed to Sitkoff and Dukeminier by : Peter T. Wendel

Download or read book Emanuel Law Outlines for Wills, Trusts, and Estates Keyed to Sitkoff and Dukeminier written by Peter T. Wendel and published by Aspen Publishing. This book was released on 2022-10-25 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: Any law school graduate will tell you that when picking your outline tool you need to pick the best because your outlines are the most important study tool you will use throughout your law school career. Developed by legendary study aid author Steve Emanuel, Emanuel® Law Outlines (ELOs) are the #1 outline choice among law students. An ELO ensures that you understand the concepts as you learn them in class and helps you study for exams throughout the semester. Here's why you need an ELO from your first day of class right through your final exam: ELOs help you focus on the concepts and issues you need to master to succeed on exams. They are easy to understand: Each ELO contains comprehensive coverage of the topics, cases, and black letter law found in your specific casebook, but is explained in a way that is understandable. The Quiz Yourself and Essay Q&A features help you test your knowledge throughout the semester. Exam Tips alert you to the issues and fact patterns that commonly pop up on exams. The Capsule Summary provides a quick review of the key concepts covered in the full Outline—perfect for exam review!

Wills in the Roman Empire

Author : Maria Nowak
Publisher : Journal of Juristic Papyr
ISBN 13 :
Total Pages : 520 pages
Book Rating : 4.:/5 (11 download)

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Book Synopsis Wills in the Roman Empire by : Maria Nowak

Download or read book Wills in the Roman Empire written by Maria Nowak and published by Journal of Juristic Papyr. This book was released on 2015 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present book deals with the testamentary practice as seen through papyri, tablets, doctrinal and literary sources, manuscript tradition, etc. mostly in the period after the constitutio Antoniniana. The aim of Wills in the Roman empire: a documentary approach is to reconstruct how people applied law and how testamentary practice looked like in everyday life: how wills were made and opened, what was the meaning of particular dispositions. These questions constitute a part of a wider discussion concerning the level of knowledge and application of Roman law in the provinces after the edict of Caracalla. The book is supplemented with four Appendices, where all wills from the Hellenistic, Roman, and Byzantine periods are collected for the first time in scholarly literature.

Wills, Trusts, and Estates

Author : Reid Kress Weisbord
Publisher : Aspen Publishing
ISBN 13 :
Total Pages : 736 pages
Book Rating : 4.8/5 (861 download)

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Book Synopsis Wills, Trusts, and Estates by : Reid Kress Weisbord

Download or read book Wills, Trusts, and Estates written by Reid Kress Weisbord and published by Aspen Publishing. This book was released on 2024 with total page 736 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This Trusts and Estates casebook provides the fundamentals in an accessible and straightforward manner. Designed with particular attention toward new professors and those looking for a shorter book that covers all the crucial aspects of trusts and estates practice"--