Passing Wealth on Death: Will-Substitutes in Comparative Perspective
Wealth can be transferred on death in a number of different ways, most commonly by will. Yet a person can also use a variety of other means to benefit someone on death. Examples include donationes mortiscausa, joint tenancies, trusts, life-insurance contracts and nominations in pension and retirement plans. In the US, these modes of transfer are grouped under the category of 'will-substitutes' and are generally treated as testamentary dispositions. Much has been written about the effect of the use of will-substitutes in the US, but little is generally known about developments in other jurisdictions. For the first time, this collection of contributions looks at will-substitutes in a comparative perspective. It examines mechanisms that pass wealth on death across a number of common law, civil law and mixed legal jurisdictions, and explores the rationale behind their use. It analyses them from different viewpoints, including those of owners of businesses, investors, as well as creditors, family members and dependants. The aims of the volume are to show the complexity and dynamics of wealth transfers on death across jurisdictions, to identify patterns between jurisdictions, and to report the attitudes towards modes of transfer in light of their utility and the potential frictions they give rise to with policies and principles underpinning current laws. (Series: Studies of the Oxford Institute of European and Comparative Law, Vol. 22) [Subject: Inheritance Law, Common Law, Civil Law, Comparative Law]
1123456280
Passing Wealth on Death: Will-Substitutes in Comparative Perspective
Wealth can be transferred on death in a number of different ways, most commonly by will. Yet a person can also use a variety of other means to benefit someone on death. Examples include donationes mortiscausa, joint tenancies, trusts, life-insurance contracts and nominations in pension and retirement plans. In the US, these modes of transfer are grouped under the category of 'will-substitutes' and are generally treated as testamentary dispositions. Much has been written about the effect of the use of will-substitutes in the US, but little is generally known about developments in other jurisdictions. For the first time, this collection of contributions looks at will-substitutes in a comparative perspective. It examines mechanisms that pass wealth on death across a number of common law, civil law and mixed legal jurisdictions, and explores the rationale behind their use. It analyses them from different viewpoints, including those of owners of businesses, investors, as well as creditors, family members and dependants. The aims of the volume are to show the complexity and dynamics of wealth transfers on death across jurisdictions, to identify patterns between jurisdictions, and to report the attitudes towards modes of transfer in light of their utility and the potential frictions they give rise to with policies and principles underpinning current laws. (Series: Studies of the Oxford Institute of European and Comparative Law, Vol. 22) [Subject: Inheritance Law, Common Law, Civil Law, Comparative Law]
136.0 Out Of Stock
Passing Wealth on Death: Will-Substitutes in Comparative Perspective

Passing Wealth on Death: Will-Substitutes in Comparative Perspective

Passing Wealth on Death: Will-Substitutes in Comparative Perspective

Passing Wealth on Death: Will-Substitutes in Comparative Perspective

Hardcover

$136.00 
  • SHIP THIS ITEM
    Temporarily Out of Stock Online
  • PICK UP IN STORE

    Your local store may have stock of this item.

Related collections and offers


Overview

Wealth can be transferred on death in a number of different ways, most commonly by will. Yet a person can also use a variety of other means to benefit someone on death. Examples include donationes mortiscausa, joint tenancies, trusts, life-insurance contracts and nominations in pension and retirement plans. In the US, these modes of transfer are grouped under the category of 'will-substitutes' and are generally treated as testamentary dispositions. Much has been written about the effect of the use of will-substitutes in the US, but little is generally known about developments in other jurisdictions. For the first time, this collection of contributions looks at will-substitutes in a comparative perspective. It examines mechanisms that pass wealth on death across a number of common law, civil law and mixed legal jurisdictions, and explores the rationale behind their use. It analyses them from different viewpoints, including those of owners of businesses, investors, as well as creditors, family members and dependants. The aims of the volume are to show the complexity and dynamics of wealth transfers on death across jurisdictions, to identify patterns between jurisdictions, and to report the attitudes towards modes of transfer in light of their utility and the potential frictions they give rise to with policies and principles underpinning current laws. (Series: Studies of the Oxford Institute of European and Comparative Law, Vol. 22) [Subject: Inheritance Law, Common Law, Civil Law, Comparative Law]

Product Details

ISBN-13: 9781849466981
Publisher: Hart Publishing UK
Publication date: 09/15/2016
Series: Studies of the Oxford Institute of European and Comparative Law Series
Pages: 402
Product dimensions: 6.30(w) x 9.30(h) x 1.30(d)

Table of Contents

List of Contributors vii

List of Abbreviations ix

Introduction Alexandra Braun Anne Rothel 1

Part I Will-Substitutes from the Perspective of Individual Jurisdictions

1 Will-Substitutes: A US Perspective Thomas P Gallanis 9

2 Will-Substitutes in Canada Angela Campbell 31

3 Will-Substitutes in England and Wales Alexandra Braun 51

4 Will-Substitutes in Scotland Daniel Carr 79

5 Will-Substitutes in New Zealand and Australia Nicola Peart Prue Vines 107

6 Will-Substitutes in Italy Gregor Christandl 131

7 Will-Substitutes in France Cecile Pérés 159

8 Will-Substitutes in Germany Anatol Dutta 179

9 Will-Substitutes in Switzerland and Liechtenstein Dominique Jakob 195

Part II Overarching Perspectives

10 Will-Substitutes from the Perspective of Business Owners Susanne Kalss 215

11 Will-Substitutes from the Perspective of (International) Investors Paul Matthews 229

12 Will-Substitutes and Creditors: Canada and the US Lionel Smith 251

13 Will-Substitutes: The Perspective of Creditors in Germany, and England and Wales Reinhard Bork 267

14 Will-Substitutes and the Claims of Family Members and Carers Jonathan Herring 283

15 Will-Substitutes and the Family: A Continental Perspective Anne Rothel 303

16 Exploring Means of Transferring Wealth on Death: A Comparative Perspective Alexandra Braun Anne Rothel 323

Index 369

From the B&N Reads Blog

Customer Reviews