Category Archives: Succession

A Comparative Approach to Inheritance Rights of Cohabitants: Filippo Viglione, IALS, 16 May 2019

In this seminar Filippo Viglione will discuss the various solutions being adopted with regard to the legal consequences of non-marital cohabitations, specifically in relation to inheritance rights and he will compare the different models that are gaining ground in the western legal tradition, allowing protection of the surviving cohabitant’s succession beyond the possibility of inheriting […]

‘Lessons Learned From Abroad About Intestate Inheritances for Unmarried Cohabitants’

E Gary Spitko, Intestate Inheritance Rights for Unmarried Committed Partners: Lessons for US Law Reform from the Scottish Experience, 103 Iowa Law Review 2175 (2018). In 2002, Professor Spitko published An Accrual/Multi-Factor Approach to Intestate Inheritance Rights for Unmarried Committed Partners in the Oregon Law Review. Since then, in 2006, Scotland statutorily began to provide […]

Villios and Plater, ‘Who May Inspect a Will’

ABSTRACT The Attorney-General of South Australia, the Hon John Rau MP, invited the South Australian Law Reform Institute to identify the areas of succession law that were most in need of review in South Australia, to review each area and to recommend reforms. The Institute identified seven topics for review. This Report examines who may […]

Eric Kades, ‘Of Piketty and Perpetuities: Dynastic Wealth in the Twenty-First Century (and Beyond)’

ABSTRACT For the first time since independence, in a nation founded in large part on the rejection of a fixed nobility determined by birth and perpetuated by inheritance, America is paving the way for the creation of dynastic family wealth. Abolition of the Rule Against Perpetuities in over half the states along with sharp reductions […]

‘Rise in Cohabiting Couples Choosing Death Bed Marriages [UK]’

“Many couples are wedding shortly before one partner dies, presumably for the tax and probate benefits of such transactions. In the United Kingdom, everything that passes to a surviving spouse is exempt from inheritance tax. The spouse also inherits at the probate value, meaning when a major asset is sold the capital gains tax will […]

‘Greece Should not Have Applied Sharia Law in Will Contest’

“In a recent case in the European Court of Human Rights, the court found that Greece should not have allowed the two sisters a deceased Muslim man apply Sharia law to contesting the validity of their brothers will. In Molla Sali v Greece, a Grand Chamber judgment held that Greece had violated Article 14 of […]

Ying Khai Liew, ‘Birmingham v Renfrew (1937): The Foundations of the Mutual Wills Doctrine’

Abstract This paper discusses the facts of Birmingham v Renfrew and the impact of the decision on the development of the mutual wills doctrine in Anglo-Australian law. Much like laying the secure foundations of a building, Birmingham has supplied three central ‘pillars’ upon which the doctrine has gradually been built upon, and upon which the […]

Margaret Briggs, ‘Historical Analysis’

Abstract This chapter provides a brief account of the history of family property law in New Zealand from the nineteenth century to the present day, in the context of relationship property on death. Briggs, Margaret, Historical Analysis (2004) in N Peart, M Briggs, R M Henaghan (General Editors) Relationship Property on Death (Thomson Brookers, Wellington, […]

Beyer and Peters, ‘Sign on the [Electronic] Dotted Line: The Rise of the Electronic Will’

Abstract The electronic will is here … almost. The last two years have seen rapid development in the area of electronic wills. As of September 2018, several states either have enacted electronic will statutes or are in the process of considering such legislation. This article provides the history of e-wills and reviews e-will statutes, both […]

Conway and Grattan, ‘The “New” New Property: Dealing with Digital Assets on Death’

Abstract What happens to digital assets when someone dies? This basic question raises a host of legal issues around ownership, privacy, access to usernames and passwords, and the duties of personal representatives when administering estates, which do not fit neatly within traditional succession law and property law concepts. The location of digital assets also leads […]