Category Archives: Succession

Hirsch and Kelety, ‘Electronic-Wills Legislation: The Uniform Act versus Australian and Canadian Alternatives’

ABSTRACT Electronic wills, created on a computer and never executed on paper, are valid in only a few American jurisdictions today. Nonetheless, in 2019 the Uniform Law Commission promulgated the Uniform Electronic Wills Act and recommended it for adoption in every state. This article examines the Uniform Act and identifies weaknesses in its statutory blueprint. […]

Mark Glover, ‘Restraining Live Hand Control of Inheritance’

ABSTRACT Inheritance law generally defers to the donor’s decisions regarding what property should be distributed to which donees. Because these decisions are carried out after the donor’s death, the law’s deference to the donor has become known as ‘dead hand control’. But just as the inheritance process is guided by the decisions of the dead, […]

‘Data on Testacy and Intestacy in Florida’

“Filtered by my admitted soft spot for scholars who engage in the hard, unglamorous, and often under-appreciated tasks incident to data creation/collection, a recent paper taking an initial descriptive cut at some archival probate data caught my eye …” (more) [Michael Heise, Empirical Legal Studies, 22 October]

‘EUFams II Online Final Conference, Friday 30 October 2020, 9.30-13.00 h’

“EUFams II is a study funded by the European Commission with the objective of assessing the functioning and the effectiveness of European family and succession law. The project is coordinated by the Institute for Comparative Law, Conflict of Laws and International Business Law at Heidelberg University (Prof Dr Dr HC Thomas Pfeiffer) …” (more) [Matthias […]

Mariusz Załucki, ‘Evidentiary function of the provisions on the form of wills in the contemporary succession law: is the complete abandonment of formalism possible?’

ABSTRACT In succession law, the formalism of legal acts has grown to its limits. There is a rule in all democratic legal systems according to which only a will created in accordance with the framework set by the legislator can cause legal effects. The task of such regulations is described by the doctrine in four […]

Ronald Scalise, ‘Will Formalities in Louisiana: Yesterday, Today, and Tomorrow’

ABSTRACT Louisiana’s form requirements for wills are a curious amalgam of civil and common law rules. Although the current law, which provides that a will may be executed in either olographic or notarial form, was premised upon good intentions and designed with the goal of simplicity in mind, the current state of affairs has regrettably […]

‘Electronic-Will Legislation: The Uniform Act versus Australian and Canadian Alternatives’

“The Uniform Electronic Wills Act (Uniform Act), promulgated in 2019, allows created wills to be formalized on computers and other portable devices, leaving the wills to be completely electronic and never on paper. Also, testators are allowed to execute a will by signing it electronically and witnesses can be either physical or virtual. This new […]

Richard Hedlund, ‘The end to testamentary freedom’

ABSTRACT Total testamentary freedom in English law came to an end with the passage of the Inheritance (Family Provision) Act 1938, since replaced by the Inheritance (Provision for Family and Dependants) Act 1975. The Act introduced the family provision rule, which allows disinherited family members to apply to court for a financial award out of […]

David Wilde, ‘Secret trusts: dehors the Wills Act (not the will)’

ABSTRACT It is regularly asserted that the modern explanation for the enforcement of secret trusts – both fully secret and semi-secret – is that they operate ‘dehors’ (outside) the will. The proposition is put forward in academic texts; and in practitioner works. (Although there is scepticism or rejection in other academic texts; and practitioner works.) […]

Koele and Feldthusen, ‘Shareholder Foundations of enterprises: the North European style of securing family businesses for the long term – rising up to the global challenge’

ABSTRACT This article explores how and why the traditional business succession system within family businesses needs to be reconsidered. Holding Foundations are generally overlooked although they provide a purpose-driven ownership structure with a stewardship governance that avoids family conflicts, taxation and dispersed ownership affecting the family business. In this article, the authors combine their experiences […]