International Academy of Estate and Trust Law. Annual Conference's Books

Families and Estates

A Comparative Study

By: International Academy of Estate and Trust Law. Annual Conference

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Families and Estates

A Comparative Study

By: International Academy of Estate and Trust Law. Annual Conference

This book focuses upon two themes: the definition of 'family' and the impact of the expansion of the concept of 'family' in law: and family fights over wills and estates - what recourse family members may have in challenging an estate. The first part, `The challenge of the "new family" for Law', considers the challenge both in the inter vivos and the postmortem contexts in the United States, Canada, France, the United Kingdom, Australia and New Zealand. A particular focus is upon the dramatic expansion of the definition of family from the traditional nuclear family consisting of a husband, wife and their mutual children to a definition that includes unmarried heterosexual and same sex couples living together and, in some jurisdictions to new kinds of companionate partnerships that are not based on a sexual relationship. In some jurisdictions such developments are simply an expression of sharing responsibility by allocating it in the private domain, as opposed to the public potentially through social welfare; in others, particularly in the United States, it is a defence of fundamental institutions and, with it, a defence of society itself. The second part, 'Family fights over wills and estates', examines the law in Australia, Switzerland, France, Mexico, and the United Kingdom. Its comparison of civil and common law approaches shows how the law expresses the same principle objects - protection of family and obligations towards key family members - but does so from entirely different perspectives; and where the common law which enshrined the notion of testamentary freedom is being qualified through the expanding domain of family provision legislation, the civil law which is based on codified shares and allocated responsibilities expressed through proportionate entitlements in estates, is being qualified through a range of disqualifying and varying mechanisms.

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310

Publisher

Kluwer Law International B.V.

Published Date

ISBN 10

9041123784

ISBN 13

9789041123787

Papers of the International Academy of Estate and Trust Law

By: Rosalind Atherton

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Papers of the International Academy of Estate and Trust Law

By: Rosalind Atherton

This book contains the reflections of members of the International Academy of Estate and Trust Law comprising the proceedings of our meeting in San Francisco in May 2001. In this volume academicians dissect four topics: (1) Philanthropy - a comparative study of the treatment of charities in major western countries; (2) Incapacity; (3) Creditors' rights in trust or other managed funds; and (4) Testamentary freedom v. forced heirship.

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Springer

Published Date

ISBN 10

9041198806

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9789041198808

Families and Estates

A Comparative Study

By: International Academy of Estate and Trust Law. Annual Conference

Write a review Read reviews Take a Quiz Solve Book Puzzle

Families and Estates

A Comparative Study

By: International Academy of Estate and Trust Law. Annual Conference

Average ratings

N/A

Write a review

Solve jigsaw puzzle

Age

Page Count

310

Publisher

Kluwer Law International B.V.

Published Date

ISBN 10

9041123784

ISBN 13

9789041123787

Book's by International Academy of Estate and Trust Law. Annual Conference

Families and Estates

Families and Estates

Papers of the International Academy of Estate and Trust Law

Papers of the International Academy of Estate and Trust Law

Families and Estates

Families and Estates

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