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Freedom of Testation and the Ageing Testator

J C Sonnekus

in Exploring the Law of Succession: Studies National, Historical and Comparative

Published in print:
2007
Published Online:
March 2012
ISBN:
9780748632909
eISBN:
9780748651436
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748632909.003.0015
Subject:
Law, Comparative Law

This chapter explores the issues of freedom of testation and the age of testator in relation to the law of succession, discussing the factors associated with the capacity to execute a last will, ... More


Exploring the Law of Succession: Studies National, Historical and Comparative

Kenneth Reid and Marius de Waal

Published in print:
2007
Published Online:
March 2012
ISBN:
9780748632909
eISBN:
9780748651436
Item type:
book
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748632909.001.0001
Subject:
Law, Comparative Law

By comparison with other areas of private law, the law of succession has been neglected by modern scholars. This book contributes to its rehabilitation by examining key issues in succession law from ... More


Forced Heirship and Family Provision in Latin America

Jan Peter Schmidt

in Comparative Succession Law: Volume III: Mandatory Family Protection

Published in print:
2020
Published Online:
November 2020
ISBN:
9780198850397
eISBN:
9780191885419
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198850397.003.0007
Subject:
Law, Law of Obligations, Private International Law

Latin American succession laws are generally quite homogeneous, yet when it comes to mandatory family protection, they split sharply into two groups, the composition of which, curiously, falls ... More


Compulsory Portion in Germany

Reinhard Zimmermann

in Comparative Succession Law: Volume III: Mandatory Family Protection

Published in print:
2020
Published Online:
November 2020
ISBN:
9780198850397
eISBN:
9780191885419
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198850397.003.0009
Subject:
Law, Law of Obligations, Private International Law

The compulsory portion of the German law of succession is a personal claim by a close family member of the deceased against the deceased’s heir, or heirs, to receive the value of one-half of his or ... More


Family Provision in England and Wales

Roger Kerridge

in Comparative Succession Law: Volume III: Mandatory Family Protection

Published in print:
2020
Published Online:
November 2020
ISBN:
9780198850397
eISBN:
9780191885419
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198850397.003.0013
Subject:
Law, Law of Obligations, Private International Law

English law has not always applied the principle of freedom of testation. In an absolute form it dates only from 1891. Family provision legislation, based on the New Zealand model, was introduced ... More


Family Provision in South Africa

Marius J de Waal

in Comparative Succession Law: Volume III: Mandatory Family Protection

Published in print:
2020
Published Online:
November 2020
ISBN:
9780198850397
eISBN:
9780191885419
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198850397.003.0016
Subject:
Law, Law of Obligations, Private International Law

At the time of the reception of Roman-Dutch law at the Cape in the seventeenth century, both children and the surviving spouse enjoyed sufficient protection at the death of the breadwinner (normally ... More


Family Protection in the United States of America

Ronald J Scalise

in Comparative Succession Law: Volume III: Mandatory Family Protection

Published in print:
2020
Published Online:
November 2020
ISBN:
9780198850397
eISBN:
9780191885419
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198850397.003.0018
Subject:
Law, Law of Obligations, Private International Law

In the United States, mandatory family protection is often subordinated to freedom of testation. Although spousal protection provisions exist, the content of these laws often differs dramatically ... More


Compulsory Heirship and Freedom of Testation in Islamic Law

Nadjma Yassari

in Comparative Succession Law: Volume III: Mandatory Family Protection

Published in print:
2020
Published Online:
November 2020
ISBN:
9780198850397
eISBN:
9780191885419
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198850397.003.0021
Subject:
Law, Law of Obligations, Private International Law

Islamic succession law is grounded in the concept of forced heirship, with the deceased having the right to dispose only of one-third of his or her estate. With the position of legal heirs being so ... More


Comparative Perspectives

Kenneth G C Reid, Marius J de Waal, and Reinhard Zimmermann

in Comparative Succession Law: Volume III: Mandatory Family Protection

Published in print:
2020
Published Online:
November 2020
ISBN:
9780198850397
eISBN:
9780191885419
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198850397.003.0024
Subject:
Law, Law of Obligations, Private International Law

Today freedom of testation is qualified, in most countries of the world, by a degree of mandatory family protection. Broadly speaking, that protection can be delivered either by a system of fixed ... More


Legal Rights in Scotland

Kenneth G C Reid

in Comparative Succession Law: Volume III: Mandatory Family Protection

Published in print:
2020
Published Online:
November 2020
ISBN:
9780198850397
eISBN:
9780191885419
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198850397.003.0014
Subject:
Law, Law of Obligations, Private International Law

The rules of mandatory family protection in Scotland date from the late Middle Ages and were a close copy of the rules then (but no longer) in force in England. Originally they comprised two distinct ... More


Comparative Succession Law: Volume III: Mandatory Family Protection

Kenneth G C Reid, Marius J de Waal, and Reinhard Zimmermann (eds)

Published in print:
2020
Published Online:
November 2020
ISBN:
9780198850397
eISBN:
9780191885419
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198850397.001.0001
Subject:
Law, Law of Obligations, Private International Law

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 ... More


Family Provision in New Zealand and Australia

Nicola Peart and Prue Vines

in Comparative Succession Law: Volume III: Mandatory Family Protection

Published in print:
2020
Published Online:
November 2020
ISBN:
9780198850397
eISBN:
9780191885419
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198850397.003.0015
Subject:
Law, Law of Obligations, Private International Law

New Zealand and Australia are named in that order in the title because New Zealand was the first to develop the discretionary family provision jurisdiction, in 1900, that now applies in New Zealand, ... More


Compulsory Portion in Poland

Fryderyk Zoll

in Comparative Succession Law: Volume III: Mandatory Family Protection

Published in print:
2020
Published Online:
November 2020
ISBN:
9780198850397
eISBN:
9780191885419
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198850397.003.0012
Subject:
Law, Law of Obligations, Private International Law

In Poland, mandatory family protection is achieved by means of the compulsory portion. The chapter begins with a brief history of Polish succession law from the perspective of protection against ... More


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