Launching a major new research project examining the principles of succession law in comparative perspective, this book discusses the formalities which the law imposes in order for a person to make a testamentary disposal of property. Among the questions considered are the following. 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? How did the law develop historically, what is the state of the law today, and what are the prospects for the future? The focus is on Europe, and on countries which have been influenced by the European experience. Thus in addition to giving a detailed treatment of the law in Austria, Belgium, England and Wales, France, Germany, Hungary, Italy, the Netherlands, Poland, and Spain, the book explores legal developments in Australia, New Zealand, the United States of America, and in some of the countries of Latin America with a particular emphasis on Brazil. It also includes chapters on two of the mixed jurisdictions - Scotland and South Africa - and on Islamic Law. The book opens with chapters on Roman law and on the early modern law in Europe, thus setting the historical scene as well as anticipating and complementing the accounts of national history which appear in subsequent chapters; and it concludes with an assessment of the overall development of the law in the countries surveyed, and with some wider reflections on the nature and purpose of testamentary formalities.

Comparative Succession Law: Volume I: Testamentary Formalities

ZIMMERMANN, Reinhard

Reid, Kenneth G C

de Waal, Marius J

Legal Theory & Systems

Oxford University Press

The Abolition of Feudal Tenure in Scotland

"Abolition of the feudal system is the most important single change to have occurred in land law in Scotland. Part 4 of the Abolition of Feudal Tenure (Sc) Act 2000, which deals with saving feudal burdens, came into force at the end of 2003, and the Act will be fully in force in November 2004. Practitioners need to grapple with the complex legislative provisions reforming Scottish property law and this book will be an essential aid. Professor Reid, the leading expert in this field, provides a clear and comprehensive guide to the implications of the abolition of the feudal system. His approach is highly practical throughout. Key sections of the Abolition of Feudal Tenure etc (Sc) Act 2000, as amended by the Title Conditions (Sc) Act 2003, and completed examples of forms prescribed by the Act are reproduced in the Appendices."

Bloomsbury Professional

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Books by Reid, Kenneth G C