Wills Formalities Versus Testator S Intention

In recent years in particular, as a result of the very rapid development of various technologies, the phenomenon of so-called informal wills has appeared on a large scale in the practice of succession law. These are wills made by testators who, when disposing of their assets in the event of their death, do not make use of the forms of will provided for by the law. This is most often the result of ignorance or confusion as to the admissibility of a particular method of disposing of assets in the event of their death. In the light of the relevant provisions such a will is frequently invalid. Despite clear and convincing evidence and testation intentions, the testator's last will does not produce any legal effects regarding his estate. The inappropriateness of this kind of solutions was shown, among others, during the COVID-19 pandemic, when the need for making last wills has increased significantly, and has rarely been executed in a manner consistent with the formalities. Therefore, the main objective of this work is to design such a normative solution which could function in the provisions of succession law as one that constructs the legal figure of the form of a will.

In der erbrechtlichen Praxis häufen sich im Zuge der technischen Entwicklung "formlose Testamente“ von Erblassern, die nicht von den gesetzlich vorgesehenen Testamentsformen Gebrauch machen. Im Lichte der einschlägigen Vorschriften ist ein solches Testament meist unwirksam; der letzte Wille des Erblassers entfaltet trotz eindeutiger Testierabsicht keine Rechtswirkungen hinsichtlich seines Nachlasses. Während der COVID-19-Pandemie hat die Notwendigkeit des zügigen Abfassens von Testamenten deutlich zugenommen - die zugleich nur selten allen formalen Anforderungen entsprechen. Dieses Werk entwirft normative Lösungen zur Reform der Testamentsform, die es ermöglichen, den letzten Willen des Erblassers unabhängig von der Art und Weise der Errichtung und der Aufzeichnung wiederzugeben.

Launching a major new research project examining the principles of succession law in comparative perspective, this volume analyses the formalities imposed by the law on making a will across a wide range of European and international jurisdictions.

Succession, Wills and Probate is an ideal textbook for those taking an undergraduate course in this surprisingly vibrant subject, and also provides a clear and comprehensive introduction for professionals. Against an account of the main social and political themes of succession law, the book gives detailed explanations of core topics such as alternatives to wills and the making, altering and revocation of wills. It also explains personal representatives and how they should deal with a deceased person's estate and interpret and implement the will. Gifts may fail, estates may be insolvent or a person may die intestate, without a will at all. Increasingly relatives and others seek to challenge the will, for example on the grounds of the testator's capacity or under the law of family provision. This third edition is edited, updated and revised to take account of new legislation and case law across all the relevant issues, including a new final chapter dealing with the potentially contentious issues that are becoming more central to professional work in the field of succession.

Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in Nigeria covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with Nigeria. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.

Succession law is the law governing the devolution of property on the death of its owner. This new book provides peerless analysis of this branch of law with extensive cross-referencing to related issues such as tax, conveyancing, family law, enduring powers of attorney, limitation of actions, estate accounts, private international law and trusts. It provides the reader with in-depth coverage of key Irish judgments, statutes, court rule provisions and Court and Probate Officer practice directions. The coverage is supplemented with Court Rule prescribed forms and many non-prescribed drafted forms, titles to grants of representation and checklists, which all readers will find invaluable aids to understanding and applying succession law in practice. This highly practical book includes a chapter on will drafting and estate planning and provides 10 precedent templates covering most testator requirements: Precedent 1: All to spouse, and should spouse not survive testator by 30 days, all to two children, as substituted residuary legatees and devisees – where child predeceases, gift over to any children of predeceased child alive at date of death of deceased Precedent 2: Residue to children equally, who are minors at date of execution of will Precedent 3: Article 22 EU Succession Regulation choice of law clause, professional executor charging clause and various devises and bequests Precedent 4: Joint devise and various attestation clauses depending on disability of Testator Precedent 5: Demonstrative and charitable legacies and life and remainder interests Precedent 6: Will leaving legal right share to spouse with life estate of residue to spouse and special power of appointment amongst children of testator Precedent 7: Wills - one dealing with estate of the testator in the State only and the other dealing with his estate outside the State Precedent 8: Precedent Codicils Precedent 9: Trust Precedent 10: Discretionary Trust The book's appendices, too, contain a wealth of practical information such as: * Draft precedent titles for grants of representation. *Template proceedings, wills, forms and letters. *Practitioner, testator and legal personal representative checklists. *Unique genealogical kinship tracing diagram and table. *Probate system process maps. * Superior Court, Land Registry and Registry of Deed Rules and forms. * Non-prescribed Forms. * Sample High Court contentious probate summonses. * Law Society guidelines for solicitors drafting wills and dealing with vulnerable clients. * Practitioner guidance on costs. This title is included in Bloomsbury Professional's Irish Wills and Probate online service.

Introduction to and survey of the field of law and society. Includes interdisciplinary perspectives on law from sociology, criminology, cultural anthropology, political science, social psychology, and economics.