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Exploring the Law of Succession 1st Edition by Kenneth Reid, Marius de Waal, Reinhard Zimmermann 0748632905 9780748632909

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Exploring the Law of Succession 1st Edition Kenneth G. C. Reid Digital Instant Download

Author(s): Kenneth G. C. Reid, Marius Johannes De Waal, Reinhard Zimmermann
ISBN(s): 9780748632909, 0748632905
Edition: 1
File Details: PDF, 1.01 MB
Year: 2007
Language: english
SKU: EB-48255326 Category: Tags: , ,

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Product details:

ISBN 10:         0748632905
ISBN 13: 978-0748632909
Author:          Kenneth Reid, Marius de Waal, Reinhard Zimmermann 

By comparison with other areas of private law, the law of succession has been neglected by modern scholars. This volume 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 which 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. The volume opens with an overview of the state of comparative law and with a consideration of compulsory heirship in Roman law.
 

Exploring the Law of Succession 1st Table of contents:

Chapter 1: Introduction to the Law of Succession

  • What is Succession?
  • Historical Development of Succession Law
  • Key Concepts and Terminology

Chapter 2: Testate Succession

  • Wills and Testamentary Freedom
  • Requirements for a Valid Will
  • Types of Wills
  • Revocation and Alteration of Wills

Chapter 3: Intestate Succession

  • The Rules of Intestacy
  • The Order of Succession
  • Rights of Heirs
  • Spouses and Children in Intestacy

Chapter 4: Inheritance Rights of Children

  • Legal Position of Biological Children
  • Adopted Children and their Rights
  • Inheritance Rights of Illegitimate Children

Chapter 5: The Role of Executors and Administrators

  • Duties of Executors
  • Role of Administrators in Intestate Succession
  • Administration of Estates

Chapter 6: Testamentary Capacity and Undue Influence

  • Mental Capacity and the Making of a Will
  • Undue Influence and Fraud in Will Making
  • Case Law and Examples

Chapter 7: The Rights of Spouses and Cohabitees

  • Spousal Rights in Testamentary and Intestate Succession
  • Rights of Cohabiting Partners
  • Divorce and Succession

Chapter 8: Succession in Different Jurisdictions

  • Comparative Study of Succession Laws
  • Succession in Common Law vs. Civil Law Systems
  • International Succession Laws

Chapter 9: The Concept of Forced Heirship

  • Forced Heirship Rules in Different Systems
  • Legal Protections for Children and Spouses
  • Modifying or Waiving Forced Heirship Rights

Chapter 10: Disputes and Challenges in Succession

  • Grounds for Contesting a Will
  • Disputes Between Heirs
  • Legal Remedies in Succession Disputes

Chapter 11: Succession Planning and Tax Implications

  • Estate Planning Techniques
  • Inheritance Tax and its Impact
  • Trusts and Succession Planning

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