Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Testamentary Formalities PDF full book. Access full book title Testamentary Formalities by Marius Johannes De Waal. Download full books in PDF and EPUB format.
Author: Marius Johannes De Waal Publisher: ISBN: 0199696802 Category : Law Languages : en Pages : 524
Book Description
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.
Author: Marius Johannes De Waal Publisher: ISBN: 0199696802 Category : Law Languages : en Pages : 524
Book Description
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.
Author: Kenneth G. C. Reid Publisher: ISBN: 0199696802 Category : Law Languages : en Pages : 523
Book Description
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.
Author: Alexandra Braun Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
This chapter gives an overview of formality requirements for testamentary dispositions in Italian law, both from a historical and a comparative perspective. Italian inheritance law is deeply rooted in French law and the provisions concerning formalities therefore resemble those of the French Civil Code (as entered in to force in 1804). As well as ordinary wills, including holograph and notarial wills (whether public or secret), the Italian legal system also recognizes a number of special wills as well as international wills. This chapter examines the requirements for each of these different types of will, discusses their popularity and compares their pros and cons. It further outlines the impact of defects of form requirements on the validity of wills and considers the approach of the Italian courts to such defects. Finally, it shows that unlike in some other European countries, in Italy, the number of wills has decreased whilst 'will-substitutes' have become more and more popular.
Author: Gino Evan Dal Pont Publisher: ISBN: 9780409348880 Category : Estates (Law) Languages : en Pages : 480
Book Description
Interpretation of Testamentary Documents is a practical and accessible guide for legal practitioners on matters where the testator¿s intention is not made clear. With uncertainty possibly infecting the property the subject of succession, the persons who may take that property, or the shares to be taken by those persons, this text provides an invaluable resource for practitioners requiring guidance on these matters. Features ¿ Essential reference for all practitioners engaged in estates law ¿ Clear and practical guide ¿ Multi-jurisdictional ¿ Highly esteemed author
Author: Graham Moffat Publisher: Cambridge University Press ISBN: 9781139445283 Category : Law Languages : en Pages : 1110
Book Description
With its unique contextual emphasis and authoritative commentary, Trusts Law: Text and Materials is a book that no serious undergraduate on trust law courses can afford to be without. The book is divided into four main parts: trusts and the preservation of family wealth; trusts and family breakdown; trusts and commerce; and trusts and non-profit activity. Within each of these parts, leading cases, statutes, and historical and research materials are placed alongside the narrative of the author's text to give emphasis both to general theories of trust concepts and to the practical operation of trusts. Attention is also given to important themes such as the developing relationship between trusts law and other areas of private law such as the Law of Restitution. This new edition takes account of all relevant judicial and legislative developments since the third edition, and expands discussion of key themes in current developments of the law.
Author: Mariusz Zalucki Publisher: ISBN: 9783848770823 Category : Inheritance and succession Languages : en Pages : 204
Book Description
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.
Author: Reinhard Zimmermann Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
The essay traces the history of the ordinary as well a extra-ordinary will types in German law. It commences with an analysis of private wills in 19th century Germany and relates the debates surrounding the introduction - at the last conceivable moment and against protracted opposition - of the holograph will into the BGB. Yet, judicial experience with it in the first four decades of the 20th century was anything but encouraging. The problems were solved, eventually, by legislative reform: the Testamentsgesetz of 1938 laid the foundations of the holograph will as it has come to be established as a generally accepted part of modern German law. The essay analyses the way in which modern courts and writers interpret the form requirements of the holograph will. It then traces the development of public wills, of emergency wills and of wills made during a sea voyage in German law. It also relates the available empirical data on will-making in Germany and attempts to provide a general assessment of the experiences with the will types recognized in that country. The essay is part of a historical and comparative project on testamentary formalities.
Author: Graham Virgo Publisher: Oxford University Press ISBN: 0198804717 Category : Equity Languages : en Pages : 735
Book Description
'The Principles of Equity and Trusts' brings an engaging contextual approach to the subject. Graham Virgo overcomes the complex issues in the study of trusts and equity with unparalleled clarity, offering a rigorous and insightful commentary on the law and its contemporary contexts.
Author: Marius Johannes De Waal
Author: Marius Johannes De Waal
Author: Kenneth G. C. Reid
Author: Alberta Law Reform Institute
Author: Alexandra Braun
Author: Gino Evan Dal Pont
Author: Graham Moffat
Author: Mariusz Zalucki
Author: Reinhard Zimmermann
Author: 
Author: Graham Virgo