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Part VI The Law of Property, 36 Succession

Paul Torremans

From: Cheshire, North & Fawcett: Private International Law (15th Edition)

Uglješa Grušić, Christian Heinze, Louise Merrett, Alex Mills, Carmen Otero García-Castrillón, Zheng Sophia Tang, Katarina Trimmings, Lara Walker
Edited By: Paul Torremans, James J. Fawcett

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 24 June 2024

Choice of law clauses — Applicable law — Immovables — Movables — Trusts

This chapter examines the legal regime governing succession to movables and immovables. Once the estate of the deceased has been cleared of debts and all taxes and duties paid, the administrator will distribute the property among those to whom it beneficially belongs. These persons are to be identified by the choice of law rules relating to succession and may vary according to whether the estate consists of movables or immovables and whether the deceased left a will or died intestate. This chapter first considers intestate succession to movables and immovables as well as various questions that arise in the case of wills before discussing the proposed European harmonisation of choice of law rules concerning succession and wills. It also analyses the powers of appointment exercised by a person through his own will, along with issues relating to capacity, formal validity, essential validity, construction and revocation of the power of appointment.

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