Search results for: eu-regulation-on-succession-and-wills

EU Regulation on Succession and Wills

Author : Ulf Bergquist
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This concise article-by-article commentary discusses all the crucial points of the new EU Regulation No. 650/2012 of 4 July 2012 on cross-border estates, with particular focus on the following issues: the law applicable to a succession being the law of the State in which the deceased had his habitual residence at the time of death, which is also relevant for jurisdiction for contentious succession matters, election as to the applicable law, recognition and enforcement, authentic instruments, the European Certificate of Succession. This book turns the Regulation into an easily understandable text for all users, practitioners, academics or students and - authored by members of the experts group that formulated the Commission's draft proposal from six European countries - reflects perspectives from differing legal systems.

The EU Succession Regulation

Author : Alfonso-Luis Calvo Caravaca
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The European Succession Regulation is a landmark in the field of EU private international law. It unifies the conflicts of laws, jurisdiction and recognition of foreign judgments and some other legal instruments in the field of succession and wills. This volume provides an article-by-article commentary on the individual provisions of the Regulation, introduced by an overview of its general framework and underlying principles. As a reference tool for the Regulation, this book is intended to promote a high standard of interpretation and application. With contributions from leading scholars in the field, it uses a comparative approach in its analysis to enrich the academic debate and highlight the problems likely to arise in the practical application of the Regulation.

The Law of Succession

Author : Miriam Anderson
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Preface Contents Abbreviations i Authors i part i Harmonization of Succession Law in Europe: The Current Debate chapter 1 Need and Opportunity of Convergence in European Succession Laws Walter Pintens chapter 2 Testamentary Freedom or Forced Heirship? Balancing Party Autonomy and the Protection of Family Members Andrea Bonomi part ii New Trends in Catalan Succession Law chapter 3 Between Tradition and Modernisation: A General Overview of the Catalan Succession Law Reform Esther Arroyo Amayuelas – Miriam Anderson chapter 4 Testamentary Freedom and Its Limits Esteve Bosch Capdevila chapter 5 Freedom of Testation, Compulsory Share and Disinheritance Based on Lack of Family Relationship Antoni Vaquer Aloy chapter 6 Freedom of Testation Versus Freedom to Enter Into Succession Agreements and Transaction Costs Susana Navas Navarro part iii National Perspectives on the Law of Succession in the 21st Century chapter 7 Freedom of Testation in England and Wales Roger Kerridge chapter 8 Law of Succession and Testamentary Freedom in Germany A. Röthel chapter 9 The Law of Succession in Hungary Zoltán Csehi chapter 10 Freedom of Testation in Italy Andrea Fusaro chapter 11 Acquisition of Property by Succession in Dutch Law. Tradition between Autonomy and Solidarity in a Changing Society J. Michael Milo chapter 12 The Norwegian Approach to Forced Share, the Surviving Spouse’s Position and Irrevocable Wills Peter Hambro chapter 13 Restraints on Freedom of Testation in Scottish Succession Law Eric Clive chapter 14 Freedom of Testation in Slovenia Suzana Kraljić chapter 15 Freedom of Testation, Legal Inheritance Rights and Public Order under Spanish Law Sergio Cámara Lapuente.

The EU s regulation on succession

Author : Great Britain: Parliament: House of Lords: European Union Committee
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This is the sixth report from the European Union Committee of the 2009-10 session and looks at the EU's Regulation on Succession (HLP 75, ISBN 9780108459757). In October 2009 the EU Commission proposed legislation which aims to simplify the law affecting those who die having exercised their right to free movement, either by moving to another Member State to live or by buying property in a Member State other than their own. The law of succession regulates how a person's property is dealt with on their death - including the mechanism for paying taxes and other creditors, establishing who is entitled to inherit the deceased's property and how that property is to be transferred to those entitled to it. Where this involves the law of more than one Member State complications arise which can have a significant impact since the people affected are likely to be emotionally vulnerable because of bereavement. The Committee states it welcomes the fact that the Commission has not proposed harmonisation of the substantive law of succession and support the Commission's underlying, and more limited, objective of prescribing which state's law ofsuccession is to apply to the whole of a deceased person's estate; but only to the extent of determining who is entitled to inherit what property. The Committee believes to go further puts at risk important interests, not least property rights, the collection of taxes and the protection of creditors. The Committee also identifies a serious defect in the EU's proposal that it could result in gifts made in the UK by deceased persons during their lifetime, including gifts to charity, being claimed back by their heirs, under a process known as clawback.

Clawback Law in the Context of Succession

Author : Jayne Holliday
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This book offers a global solution for determining the law applicable to a claim to clawback an inter vivos gift from a third party within the context of a succession. The book aims to identify an appropriate and applicable legal framework which supports legal certainty for cross-border estate planning and protects the legitimate expectations of the relevant parties. This is an area of private international law that has yet to be handled satisfactorily – as can be seen by the inadequate treatment of clawback from third parties in the 1989 Hague Convention on the Law Applicable to Succession to the Estates of Deceased Persons, and the 2012 EU Succession Regulation.

Succession Wills and Probate

Author : Caroline Sawyer
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Succession, Wills and Probate is an ideal textbook for those taking an undergraduate course in this surprisingly vibrant subject, and also provides a clear and comprehensive introduction for professionals. Against an account of the main social and political themes of succession law, the book gives detailed explanations of core topics such as alternatives to wills and the making, altering and revocation of wills. It also explains personal representatives and how they should deal with a deceased person's estate and interpret and implement the will. Gifts may fail, estates may be insolvent or a person may die intestate, without a will at all. Increasingly relatives and others seek to challenge the will, for example on the grounds of the testator's capacity or under the law of family provision. This third edition is edited, updated and revised to take account of new legislation and case law across all the relevant issues, including a new final chapter dealing with the potentially contentious issues that are becoming more central to professional work in the field of succession.

EU Private International Law

Author : Peter Stone
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Thoroughly revised and updated, this third edition of EU Private International Law incorporates many developments in legislation and case-law since the publication of the second edition in 2010. Building on the book�s reputation for comprehensive cover

Cases and Materials on EU Private International Law

Author : Stefania Bariatti
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Since the Amsterdam Treaty of 1997 empowered the EC to adopt rules in the field of conflicts of laws, legal instruments have been adopted that provide common rules on issues that touch upon the day-to-day life of European citizens. There are now instruments covering jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, family matters and maintenance obligations, and the law applicable to contractual and non-contractual obligations, legal separations and divorces. There is also legislation establishing swift procedures for recovering claims abroad, ie the European Enforcement Order, the European Order for Payment Procedure and the European Small Claims Procedure, and legislation regulating cross-border insolvency proceedings and judicial assistance in the field of service of documents, taking of evidence and access to justice. This long list of EU legislation is not exhaustive of EU conflicts of laws rules: numerous further provisions are scattered among other EU legislation, eg directives on consumer, labour and insurance contracts; company law; IP rights; securities; privacy; and so on. Besides this the European Court of Justice has issued many judgments addressing relevant aspects of the conflict of laws found in the acquis communautaire in this field. This book, which assembles all the relevant EU legislation and ECJ decisions in one place, provides a guide to the maze of legal instruments now in place, supplemented by brief commentaries identifying the leading principles and anticipating future developments.

Latest Developments in EU Private International Law

Author : Beatriz Campuzano Díaz
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The European Union is committed to achieving the goal of creating a network of instruments that will comprehensively cover almost all the aspects of private international law. This will significantly affect the freedom of national legislators to undertake their law-making tasks. However, these two proceedings should not be contrary. As this book demonstrates, European harmonization is being developed from the feedback of the national experiences. The book is the outcome of theoretical and practical research carried out by a group of legal experts from different specialties and jurisdictions. It includes several contributions in the fields of the recently adopted instruments of private international law (e.g., mediation in civil and commercial matters, maintenance obligations, or conflict of law rules on divorce), some national experiences when applying these instruments (in particular in the new EU Member States), and also, the ongoing works in order to review some current instruments (Brussels I) or to approve new ones (e.g., successions or matrimonial property regimes). In conclusion, the book offers an updated and critical contribution to the huge common task of elaboration of a European private international law adopted by the EU institutions.

International Succession

Author : Louis Garb
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Increasing numbers of people have connections with one country, but live and work in another, frequently owning property or investments in several countries. As such, international aspects arise in an increasing number of estates. Different countries may have separate arrangements for ownership, taxation, and succession. International Succession equips practitioners with the information necessary to navigate problems involving these different systems. Although lawyers would often advise only on the law of the jurisdictions in which they are based, seeking advice from lawyers in other countries, this book will save the practitioner the time - and expense - of ascertaining the basics concerning the inheritance systems in different countries, offering clear and easy to use information on the laws of inheritance and succession. Each country's report is based on responses to a comprehensive questionnaire that considers the practical issues arising from the jurisdiction's individual laws, making it easy for users to make specific comparisons between the laws of one country and another. The book covers over fifty countries with entries written by experts from each country, making it an invaluable resource for the busy practitioner. This title is an improved and expanded version of International Succession, edited by Louis Garb and published by Kluwer Law International, 2004. This edition, published in hardback form, will also be supplemented annually in between editions to update the individual country entries.

Bulletin of the European Union

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House of Lords Special Public Bill Committee Inheritance and Trustees Powers Bill HL HL 105

Author : Great Britain: Parliament: Special Public Bill Committee
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Rest in Peace

Author : Marc Quaghebeur
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Rest in Peace, a Guide to Wills and Inheritance tax in Belgium already requires a third completely revised edition. Only two years after the second update, the book was outdated by new developments, with a major overhaul of the inheritance rules in Belgium, new rules relating to the matrimonial regime, and many new tax rules, not to mention the effect of the European Succession Regulation, etc... Estate planning is not just about drawing up a will and finding ways to minimise taxes. It is essentially about peace of mind. Smart estate planning can be complex, and if you need to plan across borders, that can be quite daunting. This book is for you if you live in Belgium and you want to understand how the rules work and how you draw up a valid will; you live in Belgium and you want to plan your estate in an efficient manner; you want to know what happens when you inherit from your parents in Greece; your children live in other countries; you have property in other countries; you have investments and bank accounts in other countries; your parents have set up a trust for your benefit. This book is also for you if you do not live in Belgium and you own property in Belgium; you stand to inherit from someone who died in Belgium and you need to understand whether you should accept or waive the inheritance; you consider retiring in Belgium; you are an official of an international institution and you live temporarily in Belgium; you plan your estate and one or more of your children live in Belgium. This book can help you make sound decisions that could help your loved ones when you are gone. Table of contents for a preview see https: //issuu.com/taxation.be/docs/rest_in_peace_2017 Dealing with death Who inherits what? Last will and testament Forced heirship Usufruct Community property Inheritance Tax Cross border successions The art of estate planning Plan in your will Plan by donating Change your marriage contract Plan with life insurance Planning by contract Trusts and foundations Plan your life Practical planning Annexes

Proceedings of the Duke Law Center for International and Comparative Law and Tulane Law Review Symposium

Author :
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Conference of European Ministers of Justice

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Perspectives for the Unification and Harmonisation of Family Law in Europe

Author : Katharina Boele-Woelki
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Is the unification and harmonisation of (international) family law in Europe necessary? Is it feasible, desirable and possible? Reading the different contributions to this book may certainly inspire those who would like to find the right answers to these questions.

Multistate and Multinational Estate Planning

Author : Jeffrey A. Schoenblum
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Multistate and Multinational Guide to Estate Planning analyzes the legal aspects of individual wealth transfers across state and national boundaries. In addition, the Guide seeks to develop workable strategies for the attorney involved with a multijurisdictional client.

Multistate and Multinational Estate Planning 2008

Author : Jeffrey A. Schoenblum
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Multistate and Multinational Guide to Estate Planning analyzes the legal aspects of individual wealth transfers across state and national boundaries. In addition, the Guide seeks to develop workable strategies for the attorney involved with a multijurisdictional client. Planning is a central concern of Multistate and Multinational Guide to Estate Planning. The set is divided into six parts. The first is an overview of the topic. Part II is concerned with professional issues, particularly malpractice problems across state and national lines. Part III investigates the ties that influence which law is chosen to resolve legal questions that arise in the multijurisdictional setting. Part IV addresses specific restrictions on testamentary freedom. Part V deals with the intricacies of choice of law involving wills, trusts and estates. Part VI addresses tax matters at the multistate and multinational levels.

A Practitioner s Guide to Inheritance Act Claims

Author : Nasreen Pearce
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'A Practitioner's Guide to Inheritance Act Claims' (previously Inheritance Act Claims) provides a clear, comprehensive, easily accessible and practical guide to the provisions of the Inheritance (Provision for Family and Dependants) Act 1975 as amended. This book sets out in detail the background to the legislation, pre-conditions and time limits for making a claim, categories of those who are entitled to make a claim, and grounds on which a claim may be made. It looks at the matters to which the court must have regard in deciding a claim and the court's powers to make orders (including the powers of the court in respect of dispositions intended to defeat a claim), the assets out of which financial provision under the Act may be made and the position of personal representatives and trustees. The new edition includes coverage of the important case of Ilott v The Blue Cross and others and looks at the effect of the Supreme Court's first decision under the Act on the meaning of reasonable financial provisions, testamentary freedom, the position of charities as beneficiaries, the factors that are relevant to the exercise of judicial discretion when deciding what if any award should be made for a claimant and issues relating to grounds of appeal. This new edition also deals with changes brought about by the Civil Partnership Act 2004; the Marriage (Same Sex Couples) Act 2013; the Presumption of Deaths Act 2013; the Inheritance and Trustees' Powers Act 2014 and the consequential amendments made to the Civil Procedure Rules Part 57 and the Human Fertilisation and Embryology Act 2008. Other matters covered in the book include: - case law on domicile and proof of foreign marriages; - the extension of the meaning of the child of the family as a consequence of the Inheritance and Trustees' Powers Act 2014; - the issue of assumption of responsibility and financial contribution; - forfeiture rule; - mutual wills, proprietary estoppel and constructive trusts, especially in relation to the interests of cohabitants; - property held jointly; - application to set aside orders on the ground of non-disclosure; - procedure for making online applications for a copy of a death certificate and for a standing search; - jurisdiction to make orders against foreign property; - EU succession Regulation 650/2012 in so far as it may be relevant. The Appendices includes a range of sample forms and precedents and the text of the Act and the relevant provisions of the CPR.

Fifth report of session 2009 10

Author : Great Britain. Parliament. House of Commons. European Scrutiny Committee
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Fifth report of Session 2009-10 : Documents considered by the Committee on 6 January 2010, including the following recommendations for debate, Financial management; Mutual legal assistance in criminal proceedings, report, together with formal Minutes