Subjects:

Wills and Probate

Contents:

Part 1 Introduction: the scope of the law of succession

the foreign element in the law of succession

the passing of the deceased's property

jurisdiction

recognition of foreign orders

staying proceedings

choice of law

specific connecting factors

the distinction between movable and immovable property

international unification.

Part 2 Administration of estates: the process of dealing with an estate

grants of representation

administration

conclusion

the Hague Convention on the Administration of Estates.

Part 3 Family protection: succession and matrimonial property

matrimonial property

the relationship between matrimonial property and succession

fixed limitations on testamentary power

discretionary limitations on testamentary power

general reform

conclusion.

Part 4 Family relationships: introduction

marriage

legitimacy and legitimation

adoption.

Part 5 Intestate succession: intestacy

where an intestate dies domiciled abroad

where an intestate dies domiciled in England

treatment of debts

property passing to the state.

Part 6 Wills: introduction

the general rules

capacity

formal validity

essential validity

construction

revocation

election.

Part 7 Powers of appointment: nature and classification

powers in the conflict of laws

capacity

formal validity

essential validity

construction

revocation.

Part 8 Inter vivos dispositions: gifts inter vivos

donatio mortis causa.

Part 9 Trusts: introduction

distinctions and terminology

jurisdiction

the recognition of Trusts Act 1987

variation of trusts

reclaiming trust property for the benefit of the settler's family.

Part 10 Taxation: the form of taxation of property on death

the basis of taxation

foreign tax and double taxation

the non-enforcement of foreign revenue laws

relief from double taxation.

Part 11 Conclusion: general structure

scission or unity

choice of connecting factor

conventions.

The great mobility of people and capital in the world today means that the likelihood of a person acquiring and dying with assets in more than one jurisdiction is probably greater than ever. As a result an English lawyer is now more and more likely to encounter a multinational estate.

This book aims to examine the international aspects of succession primarily from the perspective of an English lawyer, but utilizing in addition to English cases and materials, cases and materials from other common law jurisdictions, particularly, Australia, Canada and New Zealand. The body of case law and materials from these jurisdictions forms a valuable resource for dealing with common problems.

They also form the basis for an evaluation of developments in the subject generally and the possible impact of conventions designed to achieve uniformity in the rules of private international law relating to succession. This examination will be of interest to practitioners as well as to those concerned with the subject in an academic environment.