Category Archives: Succession

‘AG Szpunar on Articles 6 and 7 Succession Regulation’

“Advocate General M Szpunar delivered today his opinion in case C‑422/20 (RK v CR), which is about the Succession Regulation. The opinion is currently available in all EU official languages (save Irish), albeit not in English. Here is the French version (to check whether an English translation has finally been made available, just click on […]

Minju Kim, ‘The system of co-ownership in Japan’

ABSTRACT The system of co-ownership in civil law affects various legal relationships, such as property partnerships and co-heirs. This article introduces the general rules of the co-ownership system in the Japanese Civil Code and explains how they are applied in harmony with the regulations concerning property partnerships and co-heirs. In particular, it deals with changes […]

Zackary Nehls, ‘Death is Certain but Probate is Optional: How to Transfer Wealth and Dodge Creditors Using a Revocable Trust’

ABSTRACT This article explores the impact on creditors of two common methods of wealth transfer at death in the state of Missouri: the revocable inter vivos trust and the traditional probate estate administration process. In the former, the trustee will administer the property in the trust in accordance with its terms, thus circumventing the probate […]

‘If a Will is Never Probated, does it Make a Sound?’

Katheleen Guzman, ‘Wills Speak’, 85 Brooklyn Law Review 647 (2020). Interim Dean (Dean) Katheleen Guzman explores the pre-death relevance of a will by determining whether or when a will speaks. She analyzes the legal consequences of a validly executed will before death and the potential property rights of devisees of the will. The focus and […]

‘New Case: Potter v Potter

“In Potter v Potter, James Potter owned an interest in a Maryland limited liability company. The members of the company agreed to who should receive each member’s ownership interest upon death of a member. After Mr Potter passed away, there was a dispute over whether his interest would pass to the person named in the […]

‘Law Professor from Poland releases book on will formalities’

“Mariusz Załucki, Professor of Law at AFM Kraków University (Poland), recently released his treatise entitled Wills Formalities versus Testator’s Intention (2021). His ‘main objective is to demonstrate that it is possible, justified by the needs of the practice of drawing up wills, to give the provisions on the form of a will a wording which makes […]

Andrew Gilden, ‘Endorsing After Death’

ABSTRACT An endorsement is an act of giving one’s public support to a person, product, service, or cause; accordingly, it might seem impossible for someone to make an endorsement after they have died. Nevertheless, posthumous endorsements have become commonplace in social media marketing and increasingly have been embraced by trademark and unfair competition laws. Entities […]

Tamar Ezer, ‘Inheritance Law in Tanzania: The Impoverishment of Widows and Daughters’

ABSTRACT Tanzania’s inheritance laws are in urgent need of reform. Both customary and Islamic law, the two predominant systems of intestate succession in Tanzania, limit women’s inheritance on the basis of their gender. Under customary law, a widow is generally denied inheritance altogether: ‘[H]er share is to be cared for by her children, just as […]

Yue Wang, ‘Impossibility Results about Inheritance and Order of Death’

ABSTRACT If some relatives died with no will, the order of their deaths could affect the inheritance result. When the order of death is unknown, to determine the inheritance result, there are two approaches: apply an inheritance method that is not affected by the order of death, or artificially assign the order of death. We […]

‘Subsequent Marriages and the Elective Share’

Naomi Cahn, ‘What’s Wrong About the Elective Share “Right”?’, 53 UC Davis Law Review 2087 (2020). I have long been perplexed by the inconsistency between the rights of divorcing spouses which are governed by family law rules and the rights of surviving spouses which are governed by trusts and estates law. While the rules governing […]