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Author: International Academy of Estate and Trust Law Publisher: Springer ISBN: Category : Law Languages : en Pages : 1002
Book Description
This challenging, varied collection of articles is a reflection of the wide range of interests held by estate and trust lawyers today. The issues discussed here include: law in the context of an estate or trust control over the body itself, including the 'futuristic' issue of the status of frozen embryos in relation to an estate broad 'trusts' issues, including the place and nature of the trust in both civil and common law jurisdictions the resolution of family property concerns in relation to matrimonial law, forced heirship laws, or family provision on death. Other articles consider practical questions such as transnational tax planning, planning for the transition of a family business on death, retirement planning and the management of collective investments. The work takes a comparative approach, examining each issue from the perspective of a number of different jurisdictions. This collection arises from the annual meetings and discussion of members from the International Academy of Estate and Trust Law. It will be of great interest to researchers, academics, practitioners, law reform bodies, governmental groups and their advisers working in this complex and varied field of law.
Author: International Academy of Estate and Trust Law Publisher: Springer ISBN: Category : Law Languages : en Pages : 1002
Book Description
This challenging, varied collection of articles is a reflection of the wide range of interests held by estate and trust lawyers today. The issues discussed here include: law in the context of an estate or trust control over the body itself, including the 'futuristic' issue of the status of frozen embryos in relation to an estate broad 'trusts' issues, including the place and nature of the trust in both civil and common law jurisdictions the resolution of family property concerns in relation to matrimonial law, forced heirship laws, or family provision on death. Other articles consider practical questions such as transnational tax planning, planning for the transition of a family business on death, retirement planning and the management of collective investments. The work takes a comparative approach, examining each issue from the perspective of a number of different jurisdictions. This collection arises from the annual meetings and discussion of members from the International Academy of Estate and Trust Law. It will be of great interest to researchers, academics, practitioners, law reform bodies, governmental groups and their advisers working in this complex and varied field of law.
Author: International Academy of Estate and Trust Law Publisher: Springer ISBN: Category : Law Languages : en Pages : 326
Book Description
This book contains the reflections of members of the International Academy of Estate and Trust Law comprising the proceedings of their meeting in Berlin in May 2000. In the present volume academicians dissect four topics: (1) Settlement of disputes in estate and trust matters through arbitration and alternative dispute resolution; (2) Major transnational legal issues (non-tax) in testamentary matters: the effect of the Hague convention on succession to the estates of deceased persons; (3) Responsibility of tax advisors: the borderline between optimal and abusive planning; and (4) Recent developments in offshore trusts from a common law and civil law viewpoint.
Author: Georg von Segesser Publisher: Kluwer Law International B.V. ISBN: 9403510102 Category : Law Languages : en Pages : 101
Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of property in Switzerland deals with the issues related to rights and interests in all kinds of property and assets – immovable, movable, and personal property; how property rights are acquired; fiduciary mechanisms; and security considerations. Lawyers who handle transnational disputes and other matters concerning property will appreciate the explanation of specific terminology, application, and procedure. An introduction outlining the essential legal, cultural, and historical considerations affecting property is followed by a discussion of the various types of property. Further analysis describes how and to what extent legal subjects can have or obtain rights and interests in each type. The coverage includes tangible and intangible property, varying degrees of interest, and the various ways in which property is transferred, including the ramifications of appropriation, expropriation, and insolvency. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. The book includes ample references to doctrine and cases, as well as to relevant international treaties and conventions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for any practitioner faced with a property-related matter. Lawyers representing parties with interests in Switzerland will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative property law.
Author: Jonathan Harris Publisher: Bloomsbury Publishing ISBN: 1847310664 Category : Law Languages : en Pages : 578
Book Description
Trusts cross borders. When they do,real difficulties may arise. Will the understanding of what a trust is be different in a foreign state? Will the rights, powers and duties of the trustee and settlor be the same? What rights will the beneficiary be able to assert? To what extent will the trust assets be safe from the claims of creditors, forced heirs, or third parties? Which legal system will be applied to the trust? Within what limits? What if the trust needs to be recognised in a state which does not have the institution of the trust in its domestic law? The Hague Trusts Convention, enacted into English law by the Recognition of Trusts Act 1987, seeks to ameliorate the situation by providing harmonised choice of law rules for “trusts created voluntarily and evidenced in writing.” It also provides for the recognition of trusts in Contracting States. Those Contracting States should recognise the trust, even if they do not have the institution in their domestic law. This book is the first published in England to devote itself to a detailed analysis of the Convention. It is aimed at academics and practitioners; at private international lawyers and at trust lawyers. Frequent reference is made to the position in civil law states (especially in the Contracting States of Italy and the Netherlands) and in other trust states, both offshore and onshore. The Hague Trusts Convention deals with the operation of the trust itself. It does not deal with the preliminary steps needed to create a trust. These preliminary matters raise highly complex and uncharted choice of law issues. Detailed discussion of these matters is also provided, and appropriate solutions suggested.
Author: International Academy of Estate and Trust Law. Annual Conference Publisher: Kluwer Law International B.V. ISBN: 9041123784 Category : Law Languages : en Pages : 310
Book Description
This book focuses 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 - what 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. In some jurisdictions such developments are simply an expression of sharing responsibility by allocating it in the private domain, as opposed to the public potentially through social welfare; in others, particularly in the United States, it is a defence of fundamental institutions and, with it, a defence of society itself. The second part, 'Family fights over wills and estates', examines the law in Australia, Switzerland, France, Mexico, and the United Kingdom. Its comparison of civil and common law approaches shows 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.
Author: Paul Beaumont Publisher: Bloomsbury Publishing ISBN: 1509932097 Category : Law Languages : en Pages : 673
Book Description
This book provides a substantial overview of the discipline of private international law viewed from a global perspective. The guide is divided into 4 key sections. Theory Institutional and Conceptual Framework Issues Civil and Commercial Law (apart from Family Law) Family Law Each chapter is written by a leading expert(s). The chapters address specific areas/aspects of private international law and consider the existing global solutions and the possibilities of improving/creating them. Where appropriate, the chapters are co-authored by experts from different legal perspectives in order to achieve as balanced a picture as possible. The range of contributions includes authors from Europe, North America, Latin America, Africa, Asia and Oceania. An essential resource for academics, practitioners and students alike.
Author: International Academy of Estate and Trust Law
Author: International Academy of Estate and Trust Law
Author: International Academy of Estate and Trust Law
Author: Georg von Segesser
Author: Jonathan Harris
Author: International Academy of Estate and Trust Law. Annual Conference
Author: Paul Beaumont
Author: Lawrence W. Waggoner
Author: 
Author: 
Author: Anne M. Wildhaber