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International Aspects of Succession

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ISBN13: 9781855218383
ISBN: 1855218380
Published: April 2002
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: Out of print



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.

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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.