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Dependants' Relief Legislation and Compulsory Portion

Limitations on Freedom of Testation in British Columbia and Germany in Comparative Perspective

By: Dorota Miler

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Dependants' Relief Legislation and Compulsory Portion

Limitations on Freedom of Testation in British Columbia and Germany in Comparative Perspective

By: Dorota Miler

Freedom of testation allows an individual to make effective on his death dispositions of his property on the event of his death. Dependants' relief legislation in British Columbia and compulsory portion in Germany limit this freedom by providing testator's family members with a portion of the estate. However, out of the two, only the legislation gives courts the discretion to change testamentary provisions, by making them, in some cases, entirely ineffective. A comparative analysis of the application, legal character, history and purpose of the limitations leads to the conclusion that the freedom of testation is significantly more limited under British Columbia's legislation than it is under the German law. The author proposes a solution that increases the freedom, adds predictability and reduces subjectivity of the application of the dependants' relief legislation in British Columbia.

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Page Count

260

Publisher

Mohr Siebeck

Published Date

ISBN 10

3161554701

ISBN 13

9783161554704

Dependants' Relief Legislation and Compulsory Portion

Limitations on Freedom of Testation in British Columbia and Germany in Comparative Perspective

By: Dorota Miler

Write a review Read reviews Take a Quiz Solve Book Puzzle

Dependants' Relief Legislation and Compulsory Portion

Limitations on Freedom of Testation in British Columbia and Germany in Comparative Perspective

By: Dorota Miler

Freedom of testation allows an individual to make effective on his death dispositions of his property on the event of his death. Dependants' relief legislation in British Columbia and compulsory portion in Germany limit this freedom by providing testator's family members with a portion of the estate. However, out of the two, only the legislation gives courts the discretion to change testamentary provisions, by making them, in some cases, entirely ineffective. A comparative analysis of the application, legal character, history and purpose of the limitations leads to the conclusion that the freedom of testation is significantly more limited under British Columbia's legislation than it is under the German law. The author proposes a solution that increases the freedom, adds predictability and reduces subjectivity of the application of the dependants' relief legislation in British Columbia.

Average ratings

N/A

5

0%

4

0%

3

0%

2

0%

1

0%

Solve jigsaw puzzle

Age

Page Count

260

Publisher

Mohr Siebeck

Published Date

ISBN 10

3161554701

ISBN 13

9783161554704