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The Resource Families and estates : a comparative study

Families and estates : a comparative study

Label
Families and estates : a comparative study
Title
Families and estates : a comparative study
Contributor
Subject
Language
eng
Summary
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
Geographic coverage
International
Index
no index present
Language note
English
Literary form
non fiction
http://library.link/vocab/relatedWorkOrContributorName
Croucher, R.F
Series statement
International Academy Estate & Trust Law Series
http://library.link/vocab/subjectName
  • married couple
  • unmarried couple
  • civil law
  • succession
  • inheritance law
Label
Families and estates : a comparative study
Instantiates
Publication
Contents
  • The non-traditional family in the United States and Canada - estate and tax planning responses
  • Berall, F.S.
  • ; p. 9-69
  • The new(er) family in Australia and New Zealand - definitions, rights and responsibilities
  • Croucher, R.F.
  • Dominello, F.
  • ; p. 71-127
  • Recent English developments affecting the property and financial interests of the non-traditional family
  • Hayton, D.J.
  • ; p. 129-148
  • The non-traditional family in France
  • Chambaz, L.G.
  • Wright, G.
  • ; p. 149-174
  • The wanting of community property
  • McAuley, M.
  • ; p. 175-187
  • An argument in favour of the 'new family'
  • Youdan, T.G.
  • ; p. 189-197
  • Contesting testamentary instruments and intestacies in Australia and New Zealand
  • Gzell, I.V.
  • ; p. 203-222
  • Some aspects of probate law and probate challenges in England and Wales
  • Mowbray, J.
  • ; p. 223-234
  • Contesting testamentary instruments and intestacies in France
  • Xavier-Bender, P.
  • ; p. 235-249
  • The challenging of wills in Mexican law
  • Fernández-Cueto, F.
  • ; p. 251-263
  • Contesting testamentary instruments and intestacies under Swiss law
  • Karrer, M.
  • ; p. 265-274
Extent
xvii, 289 p.
Isbn
9789041123787
Label
Families and estates : a comparative study
Publication
Contents
  • The non-traditional family in the United States and Canada - estate and tax planning responses
  • Berall, F.S.
  • ; p. 9-69
  • The new(er) family in Australia and New Zealand - definitions, rights and responsibilities
  • Croucher, R.F.
  • Dominello, F.
  • ; p. 71-127
  • Recent English developments affecting the property and financial interests of the non-traditional family
  • Hayton, D.J.
  • ; p. 129-148
  • The non-traditional family in France
  • Chambaz, L.G.
  • Wright, G.
  • ; p. 149-174
  • The wanting of community property
  • McAuley, M.
  • ; p. 175-187
  • An argument in favour of the 'new family'
  • Youdan, T.G.
  • ; p. 189-197
  • Contesting testamentary instruments and intestacies in Australia and New Zealand
  • Gzell, I.V.
  • ; p. 203-222
  • Some aspects of probate law and probate challenges in England and Wales
  • Mowbray, J.
  • ; p. 223-234
  • Contesting testamentary instruments and intestacies in France
  • Xavier-Bender, P.
  • ; p. 235-249
  • The challenging of wills in Mexican law
  • Fernández-Cueto, F.
  • ; p. 251-263
  • Contesting testamentary instruments and intestacies under Swiss law
  • Karrer, M.
  • ; p. 265-274
Extent
xvii, 289 p.
Isbn
9789041123787

Library Locations

    • IBFD Library AmsterdamBorrow it
      Rietlandpark 301, Amsterdam, 1019 DW, NL
      52.37366609999999 4.9336932
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