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 ...
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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 a variety of perspectives: national, historical and comparative. In particular it seeks to extend the techniques of legal comparison into an area of law where hitherto they have been little used. The jurisdictions most prominently featured are the mixed jurisdictions of Scotland and South Africa, but there are frequent comparative references, and special attention is given to the Netherlands as the country that has most recently re-written its succession law. The authors of the individual chapters are drawn from Scotland, South Africa, Germany, Italy and the Netherlands. Among the topics covered are freedom of testation, testamentary conditions and public policy, forfeiture clauses and events, revocation of wills by changed circumstances, revocation of mutual wills, fideicommissary substitutions and succession agreements.Less
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 a variety of perspectives: national, historical and comparative. In particular it seeks to extend the techniques of legal comparison into an area of law where hitherto they have been little used. The jurisdictions most prominently featured are the mixed jurisdictions of Scotland and South Africa, but there are frequent comparative references, and special attention is given to the Netherlands as the country that has most recently re-written its succession law. The authors of the individual chapters are drawn from Scotland, South Africa, Germany, Italy and the Netherlands. Among the topics covered are freedom of testation, testamentary conditions and public policy, forfeiture clauses and events, revocation of wills by changed circumstances, revocation of mutual wills, fideicommissary substitutions and succession agreements.
James Chalmers
- Published in print:
- 2007
- Published Online:
- March 2012
- ISBN:
- 9780748632909
- eISBN:
- 9780748651436
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748632909.003.0016
- Subject:
- Law, Comparative Law
This chapter examines the relation between testamentary conditions and public policy. It deals with the circumstances in which conditions attached to legacies will be regarded as contra bonos mores, ...
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This chapter examines the relation between testamentary conditions and public policy. It deals with the circumstances in which conditions attached to legacies will be regarded as contra bonos mores, allowing the beneficiary to take the legacy free of the condition. The chapter considers the rationale for denying testators the right to impose such conditions and analyses the approach that the courts have taken to the three most common types of conditions: conditions in restraint of marriage, religion, and living arrangements. It highlights the importance placed by the courts on the institution of the family in considering the extent to which testamentary conditions may be regarded as being contra bonos mores.Less
This chapter examines the relation between testamentary conditions and public policy. It deals with the circumstances in which conditions attached to legacies will be regarded as contra bonos mores, allowing the beneficiary to take the legacy free of the condition. The chapter considers the rationale for denying testators the right to impose such conditions and analyses the approach that the courts have taken to the three most common types of conditions: conditions in restraint of marriage, religion, and living arrangements. It highlights the importance placed by the courts on the institution of the family in considering the extent to which testamentary conditions may be regarded as being contra bonos mores.
