Category Archives: Succession

Mariusz Załucki, ‘Solving the “Problem” of Wills Formalities in the Modern Post-Pandemic Society: Can the Endless Discussion Conclude?’

ABSTRACT The last will as an instrument of succession law is one of the means of disposing property upon death. Around the world particular legal regulations of American, Australian, European or other countries generally provide for different specific formal requirements for the valid preparation of will. The inappropriateness of this kind of solutions was shown, […]

‘Injunctive Relief to Prevent Monetary Damages in Estate Litigation’

“Generally, a party is only entitled to injunctive relief if they can ‘demonstrate that the damages for which they seek redress are not compensable by an award of monetary damages …’ However, the US District Court recently decided that injunctive relief was necessary to preserve monetary assets pending the resolution of the matter …” (more) […]

Angela Campbell, ‘Intestacy’

It is said that a ‘statutory will’ imposes itself to govern the administration of an estate when the deceased has failed to dispose fully of their assets by a valid will. The rules that govern intestate estates, in both the civil law and the common law, are statutory in nature. Relevant Canadian provincial or territorial […]

Eben Nel, ‘Estate Planning and Wills Across Borders: Sometimes a Quagmire in the Making’

ABSTRACT In this article a synoptic evaluation is made in respect of the estate planning and wills of South African nationals working, investing or living in foreign jurisdictions, in the broader context of globalisation and internationalisation. Estate planners and testators may inadvertently leave family members in a financially vulnerable position or diminish family assets due […]

Gardner and Minns, ‘Estate deadlock – when unanimity between executors is a pipe dream’

ABSTRACT This article looks at a recent judgment of the Royal Court of Jersey in which two of the five executors sought relief from the Court aimed at breaking the deadlock which had plagued the administration of the estate for much of its 19 years. The Court agreed to a request to delegate the final […]

‘The Long, Tortured History of California’s Nonexistent Electronic Will Statute’

Francesca Torres, ‘Electronic Wills: COVID-19 Relief or Inevitable Trouble For California?’, 52 University of the Pacific Law Review 435 (2021). One of my favorite forms of academic writing is the Note or Comment. Students have an uncanny ability to make the most of issues that professors might overlook. A case in point is Francesca Torres’s […]

‘Why can’t we read Prince Philip’s Will?’

“The Royal Family in modern times live very public lives. Core members seem to have been bred in captivity, like exotic fish in an open aquarium, some of whose waters are murkier than others, but almost all of which will sooner or later be publicly visible. But not their wills – or at least not […]

‘Tulane/ACTEC Symposium on Conflict of Laws in Trusts and Estates’

“Tulane University School of Law and The American College of Trust and Estate Counsel’s Legal Education Committee are organizing the 9th academic symposium financially supported by The ACTEC Foundation. The symposium, Conflict of Laws in Trusts and Estates will be held at the Tulane University School of Law on Friday, October 21, 2022. The keynote […]

Michels, Hartung and Millard, ‘Digital Assets: A Call To Action’

ABSTRACT Digital assets – such as social media accounts, emails, crypto-assets and photographs – are an increasingly important part of people’s lives. But what happens to these assets when someone dies or is incapacitated? Are families able to access them? The Cloud Legal Project worked with the Society of Trust and Estate Practitioners to survey […]

Michels, Millard and Reed, ‘Response to the Law Commission of England and Wales “Digital Assets – Call for Evidence”’

ABSTRACT In this document, we respond to the Call for Evidence of the Law Commission of England and Wales regarding digital assets. We argue that the Law Commission’s proposed criteria for possession create significant uncertainty for some types of digital asset, including security and utility tokens, domain names, digital files, and emails. We further encourage […]