Book

Exploring the Law of Succession

Kenneth Reid and Marius de Waal

Published by Edinburgh University Press

Published in print October 2007 | ISBN: 9780748632909
Published online March 2012 | e-ISBN: 9780748651436 | DOI: https://dx.doi.org/10.3366/edinburgh/9780748632909.001.0001
Exploring the Law of Succession

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By comparison with other areas of private law, the law of succession has been neglected by modern scholars. This book contributes to its rehabilitation by examining key issues in succession law from a variety of perspectives: national, historical and comparative. In particular it seeks to extend the techniques of legal comparison into an area of law where hitherto they have been little used. The jurisdictions most prominently featured are the mixed jurisdictions of Scotland and South Africa, but there are frequent comparative references, and special attention is given to the Netherlands as the country that has most recently re-written its succession law. The authors of the individual chapters are drawn from Scotland, South Africa, Germany, Italy and the Netherlands. Among the topics covered are freedom of testation, testamentary conditions and public policy, forfeiture clauses and events, revocation of wills by changed circumstances, revocation of mutual wills, fideicommissary substitutions and succession agreements.

Keywords: private law; law of succession; Scotland; South Africa; Netherlands; Germany; Italy; freedom of testation; testamentary conditions; forfeiture clauses

Book.  256 pages. 

Subjects: Comparative Law

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