Category Archives: Succession

David Horton, ‘Borrowing in the Shadow of Death: Another Look at Probate Lending’

Abstract ‘Fringe’ lending has long been controversial. Three decades ago, demand for subprime credit soared, and businesses started to offer high-interest rate cash advances, such as tax refund anticipation loans, payday loans, and pension loans. These products have sparked intense debate and are subject to a maze of rules. However, in ‘Probate Lending’, published in […]

Irma Sasso, ‘Will Formalities in the Digital Age: Some Comparative Remarks’

Abstract The work proposes to examine current testamentary will formalities in light of the digital revolution that has swept through modern society these past decades. The analysis will concentrate on the extent to which each of the three forms of ordinary testamentary will governed by Italian law is compatible with new electronic and digital technologies. […]

Mark Studer, ‘Inconvenient Art Bequests’

“The recent biographical film Mr Turner was based around the last 25 years of the painter’s life, culminating in his death incognito in Chelsea. What the film omitted was any particulars of Turner’s testamentary dispositions, or the flurry of Chancery litigation to which his Will and its Codicils subsequently gave rise. Turner made his first […]

David Horton, ‘Wills Without Signatures’

Abstract We think of an unsigned ‘will’ as an oxymoron. Since 1837, the Wills Act has required testators in Anglo-American legal systems to memorialize their last wishes in a signed writing. But recently, several American states have adopted an Australian innovation called harmless error, which validates a botched attempt to make a will if there […]

Mariusz Załucki, ‘Attempts to Harmonize the Inheritance Law in Europe: Past, Present, and Future’

Introduction … In that regard, without a uniform regulation of the inheritance law in Europe, the situation is not satisfactory and these types of conflicts of law will grow. It should be noted that to a minor extent, this problem has already been perceived by various European institutions; however, so far there is no official […]

Hofri-Winogradow and Kaplan, ‘Property Transfers to Caregivers: A Comparative Analysis’

Introduction … In this Article, we examine approaches taken to property transfers to caregivers in US federal law, several US states, Israel, and the UK. We review the advantages and disadvantages of the principal mechanisms for compensating family caregivers: testamentary bequests by care recipients, an explicit salary paid by care recipients, public benefits payable to […]

Glasson and Graham, ‘Inheritance: a human right?’

Abstract Although the Convention for the Protection of Human Rights and Fundamental Freedoms has featured in only a small number of reported cases concerning inheritance disputes, the European Convention on Human Rights (ECHR) does have a role to play and, as we discuss, has led to some striking results. In this article, we consider the […]

‘Case C-20/17 Oberle on the EU Succession Regulation – The rise of a true European property law?’

“On 21 June 2018 the CJEU took its third decision after the EU Succession Regulation entered into force on 17 August 2015. The EU Succession Regulation is a revolutionary piece of EU legislation with very far reaching effect on national law. Although many authors have tried, both during the process of negotiations and after its […]

Robert Sitkoff, ‘Freedom of Disposition in American Succession Law’

Abstract The organizing principle of the American law of succession is freedom of disposition. This book chapter surveys freedom of disposition in American succession law – intestacy, wills, trusts, and nonprobate transfers. The chapter also considers the main limits on freedom of disposition, focusing on forced shares for spouses, the Rule Against Perpetuities, and the […]

Hannah Roggendorf, ‘Indefeasible Family Rights: A Comparative View on the Restrictions of Testamentary Freedom’

Abstract Testamentary freedom and family protection in succession law are often described as contradictory principles. Nonetheless, in most European legal systems both principles coexist. This article focuses on three conceptions of this coexistence: legal rights in Scotland, compulsory portion in Germany and family provision in England. All three systems must accommodate changing values of family […]