Book

Comparative Succession Law

Edited by Kenneth G C Reid, Marius J. de Waal and Reinhard Zimmermann

Published in print October 2011 | ISBN: 9780199696802
Published online January 2012 | e-ISBN: 9780191732065 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199696802.001.0001
Comparative Succession Law

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This book is about testamentary formalities, that is to say, about the requirements which the law of succession imposes in order for a person to make a will. How are wills made? What precisely are the rules — as to the signature of the testator, the use of witnesses, the need for a notary public or lawyer, and so on? Is there is a choice of will-type and, if so, which type is used most often and what are the advantages and disadvantages of each? How common is will-making or do most people die intestate? What happens if formalities are not observed? How can requirements of form be explained and justified? What is the legal history of wills, the state of the law today, and the prospects for the future? Is this a fruitful topic for comparative law? The book explores these questions through a representative sample of countries in Europe as well as in the USA, Latin America, South Africa, Australia, and New Zealand. A final chapter draws the threads together and offers an overall assessment of the development of wills and will-making in Europe and beyond.

Keywords: testamentary formalities; wills; will-making; testator; witnesses; signature; notary public; legal history; comparative law; law of succession

Book.  528 pages. 

Subjects: Company and Commercial Law

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Table of Contents

Testamentary Formalities in Roman Law in Comparative Succession Law

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Testamentary Formalities in Spain in Comparative Succession Law

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Testamentary Formalities in Italy in Comparative Succession Law

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Testamentary Formalities in Germany in Comparative Succession Law

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Testamentary Formalities in Austria in Comparative Succession Law

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Testamentary Formalities in Hungary in Comparative Succession Law

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